fcc pacifica foundation argued decided july radio station respondent pacifica foundation hereinafter respondent made afternoon broadcast satiric monologue entitled filthy words listed repeated variety colloquial uses words say public airwaves father heard broadcast driving young son complained federal communications commission fcc forwarding complaint comment receiving response respondent issued declaratory order granting complaint imposing formal sanctions fcc stated order associated station license file event subsequent complaints received commission decide whether utilize available sanctions granted congress memorandum opinion fcc stated intended clarify standards utilized considering growing number complaints indecent radio broadcasts advanced several reasons treating type speech differently forms expression fcc found power regulate indecent broadcasting inter alia ed forbids use obscene indecent profane language means radio communications fcc characterized language monologue patently offensive though necessarily obscene expressed opinion regulated principles analogous law nuisance law generally speaks channeling behavior rather actually prohibiting fcc found certain words monologue depicted sexual excretory activities particularly offensive manner noted broadcast early afternoon children undoubtedly audience concluded language broadcast indecent prohibited panel appeals reversed one judge concluding fcc action invalid either ground order constituted censorship expressly forbidden communications act ground fcc opinion functional equivalent rule overbroad another judge felt censorship provision apply broadcasts forbidden concluded construed narrowly covers language obscene otherwise unprotected first amendment third judge dissenting concluded fcc correctly condemned daytime broadcast indecent respondent contends broadcast indecent within meaning statute absence prurient appeal held judgment reversed pp app reversed justice stevens delivered opinion respect parts finding fcc order adjudication ed character changed general statements memorandum opinion fcc action constitute rulemaking promulgation regulations hence review must focus fcc determination monologue indecent broadcast pp section limit fcc authority sanction licensees engage obscene indecent profane broadcasting though censorship ban precludes editing proposed broadcasts advance ban deny fcc power review content completed broadcasts pp fcc warranted concluding indecent language within meaning used challenged broadcast words obscene indecent profane disjunctive implying separate meaning though prurient appeal element obscene element indecent merely refers noncomformance accepted standards morality contrary respondent argument hamling foreclosed reading authorizes proscription indecent language obscene statute involved case unlike focused upon prurient dealt primarily printed matter sealed envelopes mailed one individual another whereas deals content public broadcasts pp forms communication broadcasting limited first amendment protection among reasons specially treating indecent broadcasting uniquely pervasive presence medium expression occupies lives people broadcasts extend privacy home impossible completely avoid patently offensive broadcasting moreover uniquely accessible children pp justice stevens joined chief justice justice rehnquist concluded parts fcc authority proscribe particular broadcast invalidated possibility construction statute may deter certain hypothetically protected broadcasts containing patently offensive references sexual excretory activities cf red lion broadcasting fcc pp first amendment prohibit governmental regulation depends content speech schenck content respondent broadcast vulgar offensive shocking entitled absolute constitutional protection contexts therefore necessary evaluate fcc action light context broadcast pp justice powell joined justice blackmun concluded fcc holding violate first amendment though view members free generally decide basis content speech protected first amendment valuable therefore deserving first amendment protection less valuable hence less deserving protection unable join part opinion pp joseph marino argued cause petitioner briefs robert bruce daniel armstrong harry plotkin argued cause respondent pacifica foundation brief david tillotson harry cole louis claiborne argued cause respondent rule brief solicitor general mccree assistant attorney general civiletti jerome feit briefs amici curiae urging reversal filed anthony atlas morality media george reed patrick geary catholic conference briefs amici curiae urging affirmance filed roger wollenberg timothy dyk james mckenna carl ramey erwin krasnow floyd abrams laurent scharff corydon dunham howard monderer american broadcasting companies et al henry kaufman joel gora charles sims bruce ennis american civil liberties union et al irwin karp authors league america james bouras barbara scott fritz attaway motion picture association america paul selvin writers guild america west charles firestone filed brief committee open media amicus curiae justice stevens delivered opinion parts ii iii opinion chief justice justice rehnquist joined parts case requires decide whether federal communications commission power regulate radio broadcast indecent obscene satiric humorist named george carlin recorded monologue entitled filthy words live audience california theater began referring thoughts words say public ah airwaves um ones definitely say ever proceeded list words repeat variety colloquialisms transcript recording appended opinion indicates frequent laughter audience afternoon tuesday october new york radio station owned respondent pacifica foundation broadcast filthy words monologue weeks later man stated heard broadcast driving young son wrote letter complaining commission stated although perhaps understand record sold private use certainly understand broadcast air supposedly control complaint forwarded station comment response pacifica explained monologue played program contemporary society attitude toward language immediately broadcast listeners advised included sensitive language might regarded offensive pacifica characterized george carlin significant social satirist like twain sahl examines language ordinary people carlin mouthing obscenities merely using words satirize harmless essentially silly attitudes towards words pacifica stated aware complaints broadcast february commission issued declaratory order granting complaint holding pacifica subject administrative sanctions commission impose formal sanctions state order associated station license file event subsequent complaints received commission decide whether utilize available sanctions granted congress memorandum opinion commission stated intended clarify standards utilized considering growing number complaints indecent speech airwaves advancing several reasons treating broadcast speech differently forms expression commission found power regulate indecent broadcasting two statutes ed forbids use obscene indecent profane language means radio communications requires commission encourage larger effective use radio public interest commission characterized language used carlin monologue patently offensive though necessarily obscene expressed opinion regulated principles analogous found law nuisance law generally speaks channeling behavior actually prohibiting concept indecent intimately connected exposure children language describes terms patently offensive measured contemporary community standards broadcast medium sexual excretory activities organs times day reasonable risk children may audience applying considerations language used monologue broadcast respondent commission concluded certain words depicted sexual excretory activities patently offensive manner noted broadcast time children undoubtedly audience early afternoon prerecorded language offensive words repeated deliberately broadcast summary commission stated therefore hold language broadcast indecent prohibited ibid order issued commission asked clarify opinion ruling broadcast indecent words part live newscast prohibited commission issued another opinion pointed never intended place absolute prohibition broadcast type language rather sought channel times day children likely exposed commission noted declaratory order issued specific factual context declined comment various hypothetical situations presented petition relied long standing policy refusing issue interpretive rulings advisory opinions critical facts explicitly stated possibility subsequent events alter ibid appeals district columbia circuit reversed three judges panel writing separately app judge tamm concluded order represented censorship expressly prohibited communications act alternatively judge tamm read commission opinion functional equivalent rule concluded overbroad app chief judge bazelon concurrence rested constitution persuaded prohibition censorship inapplicable broadcasts forbidden however concluded must narrowly construed cover language obscene otherwise unprotected first amendment app judge leventhal dissent stated issue whether commission regulate language broadcast emphasizing interest protecting children exposure indecent language also exposure idea language official approval concluded commission correctly condemned daytime broadcast indecent granted commission petition certiorari must decide whether scope judicial review encompasses commission determination monologue indecent broadcast whether commission order form censorship forbidden whether broadcast indecent within meaning whether order violates first amendment constitution general statements commission memorandum opinion change character order action adjudication ed purport engage formal rulemaking promulgation regulations order issued specific factual context questions concerning possible action contexts expressly reserved future specific holding carefully confined monologue broadcast reviews judgments statements opinions black cutter laboratories admonition special force statements raise constitutional questions settled practice avoid unnecessary decision issues rescue army municipal however appropriate may administrative agency write broadly adjudicatory proceeding federal courts never empowered issue advisory opinions see herb pitcairn accordingly focus review must commission determination carlin monologue indecent broadcast ii relevant statutory questions whether commission action forbidden censorship within meaning whether speech concededly obscene may restricted indecent authority questions unrelated two statutory provisions common origin nevertheless analyze separately section radio act provided nothing act shall understood construed give licensing authority power censorship radio communications signals transmitted radio station regulation condition shall promulgated fixed licensing authority shall interfere right free speech means radio communications person within jurisdiction shall utter obscene indecent profane language means radio communication stat period original enactment provision communications act courts federal radio commission held section deprived commission power subject broadcasting matter scrutiny prior release concluded commission undoubted right take note past program content considering licensee renewal application censorship federal radio commission construe statute prior successor federal communications commission consistently interpreted provision way ever since see note regulation program content fcc harv rev case appeals district columbia circuit consistently agreed construction thus example opinion league fcc app cert denied judge wright forcefully pointed commission prevented canceling license broadcaster persists course improper programming explained prohibited censorship commission considering license renewal application whether broadcaster allowed coarse vulgar suggestive programming programs containing material grounds denial license renewal app entirely apart fact subsequent review program content sort censorship statute directed history makes perfectly clear intended limit commission power regulate broadcast obscene indecent profane language single section act source anticensorship provision commission authority impose sanctions broadcast indecent obscene language quite plainly congress intended give meaning provisions respect intent requires censorship language read inapplicable prohibition broadcasting obscene indecent profane language nothing legislative history contradict conclusion provision discussed generalities first enacted anticensorship provision prohibition indecent broadcasts section act criminal code revised include provisions previously located titles code prohibition obscene indecent profane broadcasts removed communications act title stat rearrangement code reasonably interpreted intended change meaning anticensorship provision cf tidewater oil conclude therefore limit commission authority impose sanctions licensees engage obscene indecent profane broadcasting iii statutory question presented case whether afternoon broadcast filthy words monologue indecent within meaning even question narrowly confined arguments parties commission identified several words referred excretory sexual activities organs stated repetitive deliberate use words afternoon broadcast children audience patently offensive held broadcast indecent pacifica takes issue commission definition indecency dispute commission preliminary determination components definition present specifically pacifica quarrel conclusion afternoon broadcast patently offensive pacifica claim broadcast indecent within meaning statute rests entirely absence prurient appeal plain language statute support pacifica argument words obscene indecent profane written disjunctive implying separate meaning prurient appeal element obscene normal definition indecent merely refers nonconformance accepted standards morality pacifica argues however construed term indecent related statutes mean obscene term defined miller california pacifica relies heavily construction gave hamling see also reels film dicta hamling rejected vagueness attack forbids mailing obscene lewd lascivious indecent filthy vile material holding statute coverage limited obscenity followed lead justice harlan manual enterprises day case justice harlan recognized contained variety words many shades meaning nonetheless thought phrase obscene lewd lascivious indecent filthy vile taken whole clearly limited obscene reading well grounded prior judicial constructions statute since inception always taken aimed obnoxiously debasing portrayals sex hamling agreed justice harlan meant regulate obscenity mails reading limits set miller california supra adopted construction assured statute constitutionality reasons supporting hamling construction apply although history former revealed primary concern prurient commission long interpreted encompassing obscene former statute deals primarily printed matter enclosed sealed envelopes mailed one individual another latter deals content public broadcasts unrealistic assume congress intended impose precisely limitations dissemination patently offensive matter different means neither prior decisions language history supports conclusion prurient appeal essential component indecent language reject pacifica construction statute construction put one side basis disagreeing commission conclusion indecent language used broadcast iv pacifica makes two constitutional attacks commission order first argues commission construction statutory language broadly encompasses much constitutionally protected speech reversal required even pacifica broadcast filthy words monologue protected first amendment second pacifica argues inasmuch recording obscene constitution forbids abridgment right broadcast radio first argument fails review limited question whether commission authority proscribe particular broadcast commission emphasized order issued specific factual context approach appropriate courts well commission regulation indecency stake indecency largely function context adequately judged abstract approach also consistent red lion broadcasting fcc case rejected argument commission regulations defining fairness doctrine vague inevitably abridge broadcasters freedom speech appeals invalidated regulations vagueness might lead controversial program content radio television news directors assn reversed noting commission indicated case impose sanctions without warning cases applicability law unclear stated need approve every aspect fairness doctrine decide cases pass upon constitutionality regulations envisioning extreme applications conceivable sullivan deal problems arise issue narrowed facts case question whether first amendment denies government power restrict public broadcast indecent language circumstances government power appropriate occasion exercise words carlin monologue unquestionably speech within meaning first amendment equally clear commission objections broadcast based part content order must therefore fall pacifica argues first amendment prohibits governmental regulation depends content speech past cases demonstrate however absolute rule mandated constitution classic exposition proposition content context speech critical elements first amendment analysis justice holmes statement schenck admit many places ordinary times defendants saying said circular within constitutional rights character every act depends upon circumstances done stringent protection free speech protect man falsely shouting fire theatre causing panic even protect man injunction uttering words may effect force question every case whether words used used circumstances nature create clear present danger bring substantive evils congress right prevent question case whether broadcast patently offensive words dealing sex excretion may regulated content obscene materials denied protection first amendment content offensive contemporary moral standards roth fact society may find speech offensive sufficient reason suppressing indeed speaker opinion gives offense consequence reason according constitutional protection central tenet first amendment government must remain neutral marketplace ideas reason believe commission characterization carlin monologue offensive traced political content even fact satirized contemporary attitudes words first amendment protection might required simply case words offend reasons obscenity offends place hierarchy first amendment values aptly sketched justice murphy said uch utterances essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality chaplinsky new hampshire although words ordinarily lack literary political scientific value entirely outside protection first amendment uses even offensive words unquestionably protected see hess indiana indeed may assume arguendo monologue protected contexts nonetheless constitutional protection accorded communication containing patently offensive sexual excretory language need every context characteristic speech capacity offend social value use justice murphy term vary circumstances words commonplace one setting shocking another paraphrase justice harlan one occasion lyric another vulgarity cf cohen california case undisputed content pacifica broadcast vulgar offensive shocking content character entitled absolute constitutional protection circumstances must consider context order determine whether commission action constitutionally permissible long recognized medium expression presents special first amendment problems joseph burstyn wilson forms communication broadcasting received limited first amendment protection thus although speakers licensed except laws carefully define narrow official discretion broadcaster may deprived license forum commission decides action serve public interest convenience necessity similarly although first amendment protects newspaper publishers required print replies criticize miami herald publishing tornillo affords protection broadcasters contrary must give free time victims criticism red lion broadcasting fcc reasons distinctions complex two relevance present case first broadcast media established uniquely pervasive presence lives americans patently offensive indecent material presented airwaves confronts citizen public also privacy home individual right left alone plainly outweighs first amendment rights intruder rowan post office broadcast audience constantly tuning prior warnings completely protect listener viewer unexpected program content say one may avoid offense turning radio hears indecent language like saying remedy assault run away first blow one may hang indecent phone call option give caller constitutional immunity avoid harm already taken place second broadcasting uniquely accessible children even young read although cohen written message might incomprehensible first grader pacifica broadcast enlarged child vocabulary instant forms offensive expression may withheld young without restricting expression source bookstores motion picture theaters example may prohibited making indecent material available children held ginsberg new york government interest youth supporting parents claim authority household justified regulation otherwise protected expression case children may obtain access broadcast material coupled concerns recognized ginsberg amply justify special treatment indecent broadcasting appropriate conclusion emphasize narrowness holding case involve radio conversation cab driver dispatcher telecast elizabethan comedy decided occasional expletive either setting justify sanction indeed broadcast justify criminal prosecution commission decision rested entirely nuisance rationale context concept requires consideration host variables time day emphasized commission content program language used also affect composition audience differences radio television perhaps transmissions may also relevant justice sutherland wrote nuisance may merely right thing wrong place like pig parlor instead barnyard euclid ambler realty simply hold commission finds pig entered parlor exercise regulatory power depend proof pig obscene judgment appeals reversed ordered appendix opinion thinking curse words swear words cuss words words ca say supposed say time cause words people words want hear words guys like record words sell back laughter listen telephone write words say guy used washington knew phone tapped used answer fuck hoover yes go ahead laughter okay thinking one night words say public ah airwaves um ones definitely say ever cause heard lady say bitch one night television cool like talking know ah well bitch first one notice litter johnie right murmur right uh bastard say hell damn figure ones ever came seven list open amendment fact changed uh ha lot people pointed things noticed original seven words shit piss fuck cunt cocksucker tits ones curve spine grow hair hands laughter maybe even bring us god help us peace without honor laughter um bourbon laughter first thing noticed word fuck really repeated word motherfucker compound word another form word fuck laughter want purist really ca list basic words also cocksucker compound word neither half really dirty word half sucker merely suggestive laughter word cock dirty word dirty dirty half time depending mean laughter uh remember first heard like grade used giggle cock crowed three times heh laughter cock three times bible cock bible laughter first time heard remember huh naw ai stupid man laughter clapping chickens know laughter four letter words old fame uh shit fuck word shit uh interesting kind word middle class never really accepted approved use like crazy really okay still rude dirty old kind gushy word laughter like say like say like lady home hear time says expletive know mouth knows says oh shit oh shit laughter oh shit drops something oh shit hurt broccoli shit thank footsteps fading away papers ruffling read audience shit laughter grammy man comedy album groovy clapping whistling murmur true thank thank man yeah murmur continuous clapping thank man thank thank much man thank end continuous clapping grammy man cause laughter based people liking man yeh ah okay man laughter let let go man got grammy let hair hang shit laughter ha word shit okay man work say like crazy mostly figuratively get shit ya want see shit anymore ca cut shit buddy shit think full shit laughter know shit shinola laughter know laughter always wondered shinola people felt laughter hi new man shinola laughter hi ya nice see ya laughter ya laughter boy know whether shit wind watch laughter guess shit watch laughter oh shit going hit de fan laughter built like brick laughter shit creek laughter laughter hit sorry laughter hot shit holy shit tough shit eat shit laughter grin uh whoever thought murmur laughter grin laughter shit stick laughter shit handbag always like ai worth shit handbag laughter shitty acted real shitty laughter know mean laughter got money back real shitty attitude heh laughter wow whew glad murmur laughter animals bull shit horse shit cow shit rat shit bat shit laughter first time heard bat shit really came apart guy oklahoma boggs said man aw bat shit laughter vera reminded last night ah murmur snake shit slicker owl shit laughter get shit together shit get pot laughter got full laughter got full right shit heart shit brains laughter heh laughter always try think originated first guy said somebody got drunk fell shit know laughter hey laughter today laughter anyway enough shit laughter big one word fuck one hangs cause lot cases act hangs natural word uh effect great word fuck nice word easy word cute word kind easy word say one syllable short laughter fuck murmur know easy starts nice soft sound fuh ends kuh right laughter little something everyone fuck laughter good word kind proud word fuck laughter fuck mountain laughter tune next week fuck mountain laughter interesting word cause got double kind life personality dual know whatever right phrase leads double life word fuck first means sometimes time fuck mean means make love right going make love yeh going fuck yeh going fuck yeh going make love laughter really going fuck yeh going make love right also means beginning life act begins life word hanging around words like love life yet hand also word really use hurt man heavy one toward end argument laughter right laughter finally ca make oh fuck man said fuck laughter murmur stupid fuck laughter fuck everybody looks like laughter man nice change movies already substitute word fuck word kill wherever movie cliches change little bit madfuckers still loose stop fuck fuck ump fuck ump fuck ump fuck ump fuck ump easy clutch bill fuck engine laughter shit one give shit like worth something know laughter give shit hey well take shit laughter know mean know take shit laughter cause give shit laughter give shit pack shit laughter pack shit cause give shit laughter shit laughter joke kid worm looking bird ass shit laughter joke good one laughter additions list found three words put list words never say television fart turd twat three laughter fart talked harmless like tits cutie word problem turd ca say wants know laughter subject never comes panel worried one word twat interesting word twat yeh right twat laughter twat interesting word one know slang word applying part sexual anatomy another meaning like ah snatch box pussy meanings man even walt disney movie say going snatch pussy put box bring airplane murmur laughter everybody loves twat stands alone man words ah ass okay providing riding town religious feast day laughter ca say ass laughter say stuff murmur certain things say weird come close cut uh want ah thank listening words man fellow uh space travelers thank man tonight thank also clapping whistling footnotes congress specifically empowered fcc revoke station license issue cease desist order impose monetary forfeiture violation section fcc also deny license renewal grant short term renewal broadcasting requires special treatment four important considerations children access radios many cases unsupervised parents radio receivers home place people privacy interest entitled extra deference see rowan post office unconsenting adults may tune station without warning offensive language broadcast scarcity spectrum space use government must therefore license public interest special concern commission well parents first point regarding use radio children title ed provides whoever utters obscene indecent profane language means radio communication shall fined imprisoned two years section communications act stat amended set forth relevant part provides except otherwise provided chapter commission time time public convenience interest necessity requires shall generally encourage larger effective use radio public interest thus commission suggested offensive broadcast literary artistic political scientific value preceded warnings might indecent late evening day children audience chairman wiley concurred result without joining opinion commissioners reid quello filed separate statements expressing opinion language inappropriate broadcast time commissioner robinson joined commissioner hooks filed concurring statement expressing opinion regulate offensive speech extent constitutes public nuisance governing idea indecency inherent attribute words rather matter context conduct called find carlin monologue broadcast appropriate hour accompanied suitable warning distinguished sufficient literary value avoid indecent within meaning statute commission however comment cases public events likely produce offensive speech covered live opportunity journalistic editing circumstances believe inequitable us hold licensee responsible indecent language trust circumstances licensee exercise judgment responsibility sensitivity community needs interests tastes nothing act shall understood construed give commission power censorship radio communications signals transmitted radio station regulation condition shall promulgated fixed commission shall interfere right free speech means radio communication stat zechariah chafee defending commission authority take account program service granting licenses interpreted restriction censorship narrowly means feel sure sort censorship went seventeenth century england deletion specific items dictation go particular programs chafee government mass communications kfkb broadcasting assn federal radio app doctor controlled radio station well pharmaceutical association made frequent broadcasts answered medical questions listeners often prescribed mixtures prepared pharmaceutical association commission determined renewal station license public interest convenience necessity many broadcasts served doctor private interests response claim censorship violation act held contention without merit attempt part commission subject part appellant broadcasting matter scrutiny prior release considering question whether public interest convenience necessity served renewal appellant license commission merely exercised undoubted right take note appellant past conduct censorship app see bay state beacon fcc app idaho microwave fcc app national assn theatre owners fcc app cert denied see cong rec remarks dill remarks white cong rec remarks scott hearings senate committee interstate commerce hearings house committee merchant marine fisheries see also hearings house committee merchant marine fisheries passim addition commission also relied power regulate public interest need consider whether may independent significance case statutes authorizing civil penalties incorporate criminal statute see ed supp validity civil sanctions linked validity criminal penalty legislative history provisions establishes independence enacted prohibition indecent speech separate provisions imposing civil criminal penalties violating prohibition radio act stat communications act stat ed supp acts indicated strongest possible language invalid provision separable rest act radio act stat communications act stat although codification criminal laws addition new civil penalties changes statutory structure substantive change apparently intended cf tidewater oil accordingly need consider question relating possible application criminal statute webster defines term altogether unbecoming contrary nature things circumstances dictate right expected appropriate hardly suitable unseemly conforming generally accepted standards morality webster third new international dictionary indeed one point used indecency shorthand term patent offensiveness usage strikingly similar commission definition case hile nudist magazine may within protection first amendment televising nudes might well raise serious question programming contrary similarly regardless whether words sexual description set forth lady chatterly lover considered context whole book make book obscene mailability purposes utterance words depiction sexual activity radio tv raise similar public interest section questions en banc programing inquiry see also wuhyfm sonderling broadcasting reconsideration aff grounds sub nom illinois citizens committee broadcasting fcc app mile high stations palmetto broadcasting reconsideration denied aff grounds sub nom robinson fcc app cert denied conclusion reinforced noting different constitutional limits congress power regulate two different subjects use postal power regulate material fraudulent obscene raises grave constitutional questions hannegan esquire well settled first amendment special meaning broadcasting context see fcc national citizens committee broadcasting red lion broadcasting fcc columbia broadcasting system democratic national committee reason presumption congress never intends exceed constitutional limits supported hamling narrow reading support comparable reading requirement indecent language avoided primary effect form rather content serious communication thoughts expressed use less offensive language pacifica position course deprive commission power regulate erotic telecasts unless obscene miller california anything sold newsstand private examination publicly displayed television assured pacifica free play market forces discourage indecent programming smut may judge leventhal put drive market confound gresham app prosperity traffic pornographic literature films appear justify skepticism although neither justice powell justice brennan directly confronts question answered affirmatively latter explicitly post former implicitly concurring judgment otherwise stand see madison school district wisconsin employment relations first national bank boston bellotti monologue present point view attempts show words uses harmless attitudes toward essentially silly see supra commission objects point view way expressed belief words harmless necessarily confer first amendment privilege use proselytizing conviction obscenity harmless license one communicate conviction indiscriminate distribution obscene leaflet commission stated obnoxious gutter language describing matters effect debasing brutalizing human beings reducing mere bodily functions society tradition performing certain bodily functions private severely limiting public exposure discussion matters verbal physical acts exposing intimacies offensive irrespective message may accompany exposure respect types speech tailored protection abuses uses might put see new york times sullivan special scienter rules libel suits brought public officials bates state bar arizona government may strictly regulate truthfulness commercial speech see also young american mini theatres powell concurring importance context illustrated cohen case case arose paul cohen entered los angeles courthouse wearing jacket emblazoned words fuck draft entering courtroom took jacket folded far evidence showed one courthouse offended jacket nonetheless left courtroom cohen arrested convicted disturbing peace sentenced days prison holding criminal sanctions imposed cohen political statement public place rejected argument speech offend unwilling viewers noted evidence persons powerless avoid conduct fact object contrast case commission responding listener strenuous complaint pacifica question determination afternoon broadcast likely offend listeners noted commission imposed far moderate penalty pacifica state imposed cohen even strongest civil penalty commission command include criminal prosecution see supra fcc woko cf shuttlesworth birmingham staub baxley outside home balance offensive speaker unwilling audience may sometimes tip favor speaker requiring offended listener turn away see erznoznik jacksonville noted cohen california recognized government may properly act many situations prohibit intrusion privacy home unwelcome views ideas totally banned public dialogue time consistently stressed often captives outside sanctuary home subject objectionable speech commission action means reduce adults hearing fit children cf butler michigan adults feel need may purchase tapes records go theaters nightclubs hear words fact commission unequivocally closed even broadcasting speech sort whether broadcast audiences late evening contain children playing monologue permissible issue neither commission decided even recitation geoffrey chaucer miller tale likely command attention many children old enough understand young enough adversely affected passages prively caughte hire queynte canterbury tales chaucer complete works cambridge ed justice powell justice blackmun joins concurring part concurring judgment join parts ii iii justice stevens opinion today reviews commission holding carlin monologue indecent broadcast two afternoon broad sweep commission opinion ante addition consistent settled practice deciding constitutional issues unnecessarily see ante ashwander tva brandeis concurring narrow focus also conducive orderly development relatively new difficult area law first instance commission reviewing courts see app leventhal dissenting also agree much said part iv justice stevens opinion conclusion commission holding case violate first amendment subscribe said part iv however state views separately conceded monologue issue obscene constitutional sense see brief petitioner context language constitute fighting words within meaning chaplinsky new hampshire words used held protected first amendment cases contexts lewis new orleans hess indiana papish university missouri curators cohen california see also eaton tulsa think carlin consistently first amendment punished delivering monologue live audience composed adults knowing expect chose attend performance see brown oklahoma powell concurring result assume adult constitutionally prohibited purchasing recording transcript monologue playing reading privacy home cf stanley georgia also true language employed people vulgar offensive chosen specifically quality repeated sort verbal shock treatment commission err characterizing narrow category language used patently offensive people regardless age issue however whether commission may impose civil sanctions licensee radio station broadcasting monologue two afternoon commission primary concern prevent broadcast reaching ears unsupervised children likely audience hour essence commission sought channel monologue hours fewest unsupervised children exposed see view consideration provides strong support commission holding recognized society right adopt stringent controls communicative materials available youths available adults erznoznik jacksonville see also miller california ginsberg new york jacobellis ohio opinion brennan recognition stems large part fact child possessed full capacity individual choice presupposition first amendment guarantees ginsberg new york supra stewart concurring result thus children may able protect speech although shocking adults generally may avoided unwilling exercise choice time speech may deeper lasting negative effect child adult reasons society may prevent general dissemination speech children leaving parents decision speech kind children shall hear repeat onstitutional interpretation consistently recognized parents claim authority household direct rearing children basic structure society cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder prince massachusetts legislature properly conclude parents others teachers example primary responsibility children entitled support laws designed aid discharge responsibility instances dissemination kind speech children may limited without also limiting willing adults access sellers printed recorded matter exhibitors motion pictures live performances may required shut doors children requirement effect adults access see difficulty physical separation audience accomplished broadcast media broadcast hours adults unsupervised children likely broadcast audience broadcaster reach willing adults without also reaching children emphasizes one distinctions broadcast media often adverted justifying different treatment broadcast media first amendment purposes see bates state bar arizona columbia broadcasting system democratic national committee red lion broadcasting fcc capital broadcasting mitchell supp dc aff sub nom capital broadcasting acting attorney general see generally joseph burstyn wilson view commission entitled give substantial weight difference reaching decision case second difference without relevance broadcasting unlike forms communication comes directly home one place people ordinarily right assaulted uninvited offensive sights sounds erznoznik jacksonville supra cohen california rowan post office although first amendment may require unwilling adults absorb first blow offensive protected speech public turn away see erznoznik supra cf rosenfeld new jersey powell dissenting different order values obtains home often captives outside sanctuary home subject objectionable speech sound mean must captives everywhere rowan post office supra commission also entitled give factor appropriate weight circumstances instant case say however commission unrestricted license decide speech protected media may banned airwaves order protect unwilling adults momentary exposure homes making sensitive judgments required cases easy responsibility reposed initially commission judgment entitled respect argued despite society right protect children kind speech despite everyone interest assaulted offensive speech home commission holding case impermissible prevents willing adults listening carlin monologue radio early afternoon hours said ruling effect reduc ing adult population hearing fit children butler michigan argument without force commission certainly consider develops standards area sufficiently strong leave commission powerless act circumstances case commission holding prevent willing adults purchasing carlin record attending performances indeed reading transcript reprinted appendix opinion face prevent respondent pacifica foundation broadcasting monologue late evening hours fewer children likely audience broadcasting discussions contemporary use language time day commission holding certainly holding today speak cases involving isolated use potentially offensive word course radio broadcast distinguished verbal shock treatment administered respondent short agree facts case commission order violate respondent first amendment rights ii foregoing demonstrates views generally accord said part justice stevens opinion see ante therefore join portion opinion join part however subscribe theory justices free generally decide basis content speech protected first amendment valuable hence deserving protection less valuable hence deserving less protection compare ante young american mini theatres opinion stevens powell concurring view result case turn whether carlin monologue viewed whole words constitute less value candidate campaign speech judgment person make one judges impose upon result turns instead unique characteristics broadcast media combined society right protect children speech generally agreed inappropriate years interest unwilling adults assaulted offensive speech homes moreover doubt whether today decision prevent adult wishes receive carlin message carlin words making value judgment merit message words cf powell concurring grounds upon join judgment part iv see generally judge leventhal thoughtful opinion appeals app dissenting opinion true radio listener quickly may tune speech offensive addition broadcasters may preface potentially offensive programs warnings warnings help unsuspecting listener tunes middle program respect broadcasting appears differ books records may carry warnings face motion pictures live performances may carry warnings marquees however created limited exception rule order bring commercial speech within protection first amendment see ohralik ohio state bar much reason also join part thought application vel non overbreadth analysis depend judgment value protected speech might deterred cf ante except context commercial speech see bates state bar arizona past see lewis new orleans gooding wilson justice stevens points however ante commission order limited facts case purport engage formal rulemaking promulgation regulations addition since commission may expected proceed cautiously past cf brief petitioner foresee undue chilling effect broadcasters exercise rights agree therefore respondent overbreadth challenge meritless justice brennan justice marshall joins dissenting agree justice stewart hamling reels film word indecent ed must construed prohibit obscene speech therefore normally refrain expressing views constitutional issues implicated case however find misapplication fundamental first amendment principles patent attempt impose notions propriety whole american people misguided unable remain silent second time two years see young american mini theatres refuses embrace notion completely antithetical basic first amendment values degree protection first amendment affords protected speech varies social value ascribed speech five members see opinion justice powell ante moreover parties members agree carlin monologue aired station wbai fall within one categories speech fighting words chaplinsky new hampshire obscenity roth totally without first amendment protection conclusion course compelled cases expressly holding communications containing words found condemnable fully protected first amendment contexts see eaton tulsa papish university missouri curators brown oklahoma lewis new orleans rosenfeld new jersey cohen california yet despite refusal create sliding scale first amendment protection calibrated perception worth communication content despite unanimous agreement carlin monologue protected speech majority nevertheless finds facts case fcc constitutionally barred imposing sanctions pacifica airing carlin monologue majority apparently believes fcc disapproval pacifica afternoon broadcast carlin dirty words recording permissible time place manner regulation kovacs cooper opinion brother stevens opinion brother powell rely principally two factors reaching conclusion capacity radio broadcast intrude unwilling listener home presence children listening audience dispassionate analysis removed individual notions proper starkly reveals justifications whether individually together simply support even professedly moderate degree governmental homogenization radio communications indeed homogenization ever moderate given status right free speech constitutional scheme today permits without question privacy interests individual home substantial deserving significant protection finding interests sufficient justify content regulation protected speech however commits two errors first misconceives nature privacy interests involved individual voluntarily chooses admit radio communications home second ignores constitutionally protected interests wish transmit desire receive broadcasts many including fcc might find offensive ability government consonant constitution shut discourse solely protect others hearing dependent upon showing substantial privacy interests invaded essentially intolerable manner broader view authority effectively empower majority silence dissidents simply matter personal predilections cohen california supra wholehearted agreement brethren individual right let alone engaged private activity within confines home encompassed within substantial privacy interests justice harlan referred cohen entitled greatest solicitude stanley georgia however believe individual actions switching listening communications transmitted public airways directed public large implicate fundamental privacy interests even engaged within home instead radio undeniably public medium actions properly viewed decision take part listener ongoing public discourse see note filthy words fcc first amendment regulating broadcast obscenity rev although individual decision allow public radio communications home undoubtedly abrogate privacy interests residual privacy interests retains communication voluntarily admits home surely greater people present corridor los angeles courthouse cohen bore witness words fuck draft emblazoned across cohen jacket privacy interests held insufficient justify punishing cohen offensive communication balance necessity fails accord proper weight interests listeners wish hear broadcasts fcc deems offensive permits majoritarian tastes completely preclude protected message entering homes receptive unoffended minority decision supports result individuals constituting offended majority may freely choose reject material offered never found privacy interests moment warrant suppression speech privacy grounds cf lehman shaker heights supra rowan post office relied fcc opinions brothers powell stevens confirms rather belies conclusion rowan upheld statute supp iv permitting householders require mail advertisers stop sending lewd offensive materials remove names mailing lists unlike situation householders wished receive sender communications prevented equally important determination offensiveness vel non statute involved rowan completely within hands individual householder governmental evaluation worth mail content stood mailer householder contrast visage censor discernible parents undoubtedly find understandable well commendable sympathy fcc desire prevent offensive broadcasts reaching ears unsupervised children unfortunately facial appeal justification radio censorship masks constitutional insufficiency although government unquestionably special interest children consequently adopt stringent controls communicative materials available youths available adults erznoznik jacksonville see paris adult theatre slaton brennan dissenting accounted societal interest adopting variable obscenity standard permits prurient appeal material available children assessed terms sexual interests minors ginsberg new york true obscenity standard ginsberg adopted materials based obscenity standard roth memoirs massachusetts occasion decide effect miller california ginsberg formulation erznoznik jacksonville supra nevertheless made abundantly clear test obscenity minors obscene expression must significant way erotic quoting cohen california carlin monologue obviously erotic appeal prurient interests children first time allows government prevent minors gaining access materials obscene therefore protected thus ignores recent admonition peech neither obscene youths subject legitimate proscription suppressed solely protect young ideas images legislative body thinks unsuitable refusal follow pronouncements especially lamentable since anomalous subsidiary effect least radio context issue making completely unavailable adults material may constitutionally kept even children result violates spades principle butler michigan supra butler involved challenge michigan statute forbade publication sale distribution printed material tending incite minors violent depraved immoral acts manifestly tending corruption morals youth although roth supra yet decided least arguable material statute butler designed suppress constitutionally denied children nevertheless found statute unconstitutional speaking justice frankfurter reasoned incidence enactment reduce adult population michigan reading fit children thereby arbitrarily curtails one liberties individual enshrined due process clause fourteenth amendment history attested indispensable conditions maintenance progress free society concluding presence children listening audience provides adequate basis fcc impose sanctions pacifica broadcast carlin monologue opinions brother powell ante brother stevens ante stress right parent raise child sees fit right consistently vigilant protect see wisconsin yoder pierce society sisters yet principle supports result directly contrary reached yoder pierce hold parents government right make certain decisions regarding upbringing children surprising may individual members parents may actually find carlin unabashed attitude towards seven dirty words healthy deem desirable expose children manner carlin defuses taboo surrounding words parents may constitute minority american public absence great numbers willing exercise right raise children fashion alter right nature existence regrettable decision demonstrated neither factors relied opinion brother powell opinion brother stevens intrusive nature radio presence children listening audience taken terms support fcc disapproval carlin monologue two asserted justifications plagued common failing lack principled limits use basis fcc censorship limits come readily mind neither opinions constituting serve clarify extent fcc may assert privacy rationales justification expunging airways protected communications commission finds offensive taken logical extreme rationales support cleansing public radio words whatsoever regardless context rationales justify banning radio myriad literary works novels poems plays likes shakespeare joyce hemingway ben johnson henry fielding robert burns chaucer support suppression good deal political speech nixon tapes even provide basis imposing sanctions broadcast certain portions bible order dispel specter possibility unpalatable degree censorship defuse pacifica overbreadth challenge fcc insists desires authority reprimand broadcaster facts analogous present case describes involving broadcasting nearly twelve minutes record repeated words depict sexual excretory activities organs manner patently offensive community contemporary standards early afternoon children audience brief petitioner opinions brother powell brother stevens take fcc word consequently permit commission censor afternoon broadcast sort verbal shock treatment opinion justice powell ante involved insure fcc regulation protected speech exceed bounds brother powell content rely upon judgment commission brother stevens deems prudent rely ability accurately assess worth various kinds speech part even accepting case limited facts place responsibility right weed worthless offensive communications public airways belongs today resided public free choose communications worthy attention marketplace unsullied censor hand ii absence hesitancy opinions brothers powell stevens approve fcc censorship carlin monologue basis two demonstrably inadequate grounds function perception decision result little curtailment communicative exchanges protected first amendment although extent stands ready countenance fcc censorship protected speech unclear today decision find reasoning brethren conclude fcc censorship approve significantly infringe first amendment values disingenuous reality wrong matter law brother stevens reaching result apologetically described narrow ante takes comfort observation requirement indecent language avoided primary effect form rather content serious communication ante finds solace conviction thoughts expressed use less offensive language ibid idea content message potential impact might receive divorced words vehicle expression transparently fallacious given word may unique capacity capsule idea evoke emotion conjure image indeed us place appropriately high value cherished first amendment rights word censor word justice harlan speaking recognized truism speaker choice words surgically separated ideas desires express warned indulge facile assumption one forbid particular words without also running substantial risk suppressing ideas process cohen california moreover even alternative phrasing may communicate speaker abstract ideas effectively words forbidden use doubtful sterilized message convey emotion essential part many communications apparent justice harlan cohen overlook fact well illustrated episode involved much linguistic expression serves dual communicative function conveys ideas capable relatively precise detached explication otherwise inexpressible emotions well fact words often chosen much emotive cognitive force sanction view constitution solicitous cognitive content individual speech little regard emotive function practically speaking may often important element overall message sought communicated apparently believes fcc actions analogized zoning ordinances upheld young american mini theatres two reasons wrong first zoning ordinances found pass constitutional muster young valid goals channeling protected speech opinion stevens powell concurring goals present second crucial opinions brothers powell stevens young opinions case supply bare majority ordinances restrict access distributors exhibitors market impair viewing public access regulated material opinion stevens powell concurring situation desiring receive carlin message radio wishing send prevented commission actions although brethren point carlin message may disseminated received means little consolation broadcasters listeners host reasons least among financial access take advantage means moreover doubtful even frustrated listeners position follow brother powell gratuitous advice attend one carlin performances purchase one records receive precisely message pacifica radio station sent audience airways capable carrying message also transforming satirist monologue may potent delivered live audience yet choice whether fact manner message delivered received one first amendment prohibits government making iii quite evident find attempt unstitch warp woof first amendment law effort reshape fabric cover patently wrong result reaches case dangerous well lamentable yet runs throughout opinions brothers powell stevens another vein find equally disturbing depressing inability appreciate land cultural pluralism many think act talk differently members share fragile sensibilities acute ethnocentric myopia enables approve censorship communications solely words contain word crystal transparent unchanged skin living thought may vary greatly color content according circumstances time used towne eisner holmes words commission find unpalatable may stuff everyday conversations many innumerable subcultures compose nation academic research indicates indeed case see jackson get ass water swim like dillard black english labov language inner city studies black english vernacular one researcher concluded ords generally considered obscene like bullshit fuck considered neither obscene derogatory black vernacular except particular contextual situations used certain intonations bins toward ethnography contemporary african american oral poetry language linguistics working papers georgetown univ press cf keefe geanakos finding use word motherfucker commonplace among young radicals protesters pacifica response fcc inquiry broadcast carlin satire words say public airways explained carlin mouthing obscenities merely using words satirize harmless essentially silly attitudes towards words confirming carlin prescience social commentator result reaches today evinces attitude toward seven dirty words many others besides carlin pacifica might describe silly whether today decision similarly prove harmless remains seen one hope refer without differentiation actions reference majority consists brothers powell stevens members joining separate opinions even monologue appealed prurient interest minors obscene unless work taken whole lacks serious literary artistic political scientific value miller california may narrowly drawn regulation prohibiting use offensive language broadcasts directed specifically younger children constitutes one legitimate proscription alluded erznoznik difficulties inherent adapting miller formulation communications received young children children possessed full capacity individual choice presupposition first amendment guarantees ginsberg new york stewart concurring doubt brother stevens suggests ante limited regulation amounts regulation speech based content since hypothesis persons regulated communication directed incapable evaluating content extent regulation viewed regulation based content marks outermost limits content regulation permissible opinions brothers powell stevens rightly refrain relying notion spectrum scarcity support result chief judge bazelon noted although scarcity justified increasing diversity speakers speech never held justify censorship app emphasis original see red lion broadcasting fcc see samuel also god unto enemies david leave pertain morning light pisseth wall ii kings isaiah ath sent men sit wall may eat dung drink piss ezekiel committed whoredoms egypt committed whoredoms youth breasts pressed bruised teats virginity ezekiel thus thou calledst remembrance lewdnes thy youth bruising thy teats egyptians paps thy youth holy bible king james version oxford although ultimately dependent upon outcome review approach taken brother stevens appear tolerate fcc suppression speech political speech falling within core area first amendment concern however said approach taken brother powell face permits commission censor even political speech sufficiently offensive community standards result contrary rudimentary first amendment principles difficult imagine insisted seeks impose sanctions radio communications limited circumstances present believe fcc estopped using either decision orders case basis imposing sanctions public radio broadcast one aired daytime early evening containing relentless repetition longer brief interval language describes terms patently offensive measured contemporary community standards broadcast medium sexual excretory activities organs surely broadcasters notice commission desires regulate offensive broadcast type verbal shock treatment condemned even shock treatment type offensive broadcast late evening approach taken brother powell availability broadcasts groups whose members constitute audiences might also affected news broadcasts activities involving groups public affairs broadcasts concerns apt contain interviews statements remarks group leaders members may contain offensive language extent brother powell finds unacceptable justice stewart justice brennan justice white justice marshall join dissenting today recognizes wise admonition avoid unnecessary decision constitutional issues ante disregards one important application salutary principle need construe act congress avoid possible passing upon constitutionality apparent constitutional questions raised order commission case substantial deciding certain necessary statute pursuant commission acted ed makes federal offense utter obscene indecent profane language means radio communication commission held today agrees indecent broader concept obscene latter term defined miller california language indecent although social political artistic value lacks prurient appeal construction perhaps plausible means compelled contrary think indecent properly read meaning obscene since carlin monologue concededly obscene believe commission lacked statutory authority ban construction statute unnecessary address difficult important issue commission constitutional power prohibit speech constitutionally protected outside context electronic broadcasting recently decided meaning term indecent closely related statutory context hamling petitioner convicted violating prohibits mailing obscene lewd lascivious indecent filthy vile article construe generic terms limited sort patently offensive representations descriptions specific hard core sexual conduct given examples miller california quoting reels film thus clear holding hamling indecent used meaning obscene term defined miller case see also marks nothing requires conclusion word indecent meaning ascribed word indeed although legislative history largely silent indications support view construed similarly view indecent means obscene similar statutes long antedated hamling see bennett cas cc sdny dunlop manual enterprises day opinion harlan although originally enacted separately codified together criminal code part chapter entitled obscenity nothing legislative history suggest congress intended word two closely related sections different meanings see hold therefore congress intended using word indecent prohibit nothing obscene speech reading statute commission order case authorized basis affirm judgment appeals see johnson robison photographs rescue army municipal ashwander tva brandeis concurring crowell benson practice construing statute avoid constitutional confrontation followed whenever serious doubt statute constitutionality rumely blodgett holden opinion holmes thus construed statute avoid raising doubt constitutionality even though later effect held statute otherwise construed constitutionally valid compare general motors district columbia moorman mfg bair properly gives weight commission passing reference order ante one thing order clearly rests upon commission interpretation term indecent attempt commission assert independent basis action must fail cf sec chenery sec sloan moreover general language used circumvent terms specific statutory mandate commission power respect limited scope statute unless language involved illegal commission employ statute make agency action fcc american broadcasting commission rely prohibition profane language thus unnecessary consider scope term federal appeals apart case consider question held obscene indecent read parts single proscription applicable challenged language appeals prurient interest simpson section originated part radio act stat communications act stat neither committee reports floor debates contain discussion meaning obscene indecent profane language federal communications act amended prohibit obscene lewd lascivious filthy indecent telephone calls stat fcc indicated thought language covered obscene telephone calls see construction supported general rule lenity construing criminal statutes see adamo wrecking statement need consider meaning criminal prosecution ante contrary settled precedent true criminal cases criminal statute must interpret one construction federal communications commission another department justice give broad construction urged commission construction likewise apply criminal cases fcc american broadcasting supra