This landmark case gave the FCC the "power to regulate radio .
broadcasts that are indecent but not obscene." (Gunther, 1991) What .
does that mean, exactly? According to the government it means that the .
FCC can only regulate broadcasts. They can not censor broadcasts, that .
is determine what is offensive in the matters of speech. Before this .
case occurred there were certain laws already in place that prohibited .
obscenity over radio. One of these laws was the "law of nuisance". .
This law "generally speaks to channeling behavior more than actually .
prohibiting it."(Simones, 1995) The law in essence meant that certain .
words depicting a sexual nature were limited to certain times of the.
day when children would not likely be exposed. Broadcasters were .
trusted to regulate themselves and what they broadcast over the .
airwaves. There were no specific laws or surveillance by regulatory .
groups to assure that indecent and obscene material would not be .
broadcast. Therefore, when the case of the FCC vs. Pacifica made its .
way to the Supreme Court it was a dangerous decision for the Supreme .
Court to make. Could the government regulate the freedom of speech? .
That was the ultimate question. Carlin's monologue was speech .
according to the first amendment.(Simones, 1995) Because of this .
Pacifica argued that "the first amendment prohibits all governmental .
regulation that depends on the content of speech."(Gunther, 1991) .
"However there is no such absolute rule mandated by the constitution,".
according to the Supreme Court.(Gunther, 1991) Therefore the question .
is "whether a broadcast of patently offensive words dealing with sex .
and excretion may be regulated because of its content. The fact that .
society may find speech offensive is not a sufficient reason for .
suppressing it."(Gunther, 1991) The Supreme Court deemed that these .
words offend for the same reasons that obscenity offends. They also .
state that "these words, even though they had no literary meaning or .
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