Реферат: Why Dirty Words Are Dirty Essay Research

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 value, were still protected by the

first amendment.”(Gunther, 1991) So what does this mean to the American

public? This decision gave government the power to regulate, whereas it did

not before.

Broadcasting, out of all forms of communication, has received the most

limited protection of the first amendment. There are two main reasons why.

First, “the broadcast media have established a uniquely pervasive presence

in the lives of all Americans.”(Gunther, 1991) Airwaves not only confront

the public but also the citizen. They can come into our homes uninvited or,

you never know what to expect when they are invited in. In this case the

Court decided that “because the broadcast audience is constantly tuning in