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Federal Communications Commission v. Pacifica Foundation et al.

By July 3, 1978

The Supreme Court upholds the power of the Federal Communications Commission to regulate indecent speech broadcast over the air. In FCC v. Pacifica, the Court allows FCC regulation because the broadcast media are a “uniquely pervasive presence” and easily accessible to children. The Court, however, does make clear that, although the government can constitutionally regulate indecent speech in the broadcast media, it does not have power to enforce a total ban on such speech.