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History > History What if > George Denis Pa...
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George Denis Patrick Carlin, 1937--2008

by wroehl@[EMAIL PROTECTED] Jun 24, 2008 at 08:54 PM

In 1978 the US Supreme Court ruled against the seven words (FCC v.
Pacifica Foundation 438 U.S. 726) and sup****ted the FCC's ruling
banning them from the airwaves.  But the decision was only 5 to 4.
Cut and pasting from Wikipedia results were as follows:

Majority by: Stevens
Joined by: Burger, Blackmun, Rehnquist, Powell
Concurrence by: Powell
Joined by: Blackmun
Dissent by: Brennan
Joined by: Marshall
Dissent by: Stewart
Joined by: Brennan, White, Marshall.

This ruling established (confirmed?) the FCC's standing to rule
against indecent and obscene content and lead to the establishment of
the safe harbor provision.  Since the late 70s the evolution of public
standards and the changing competitive environment of facing broadcast
media has eroded this ban--some of the seven words have been heard on
over-the-air broadcasts.

But 5-4, with both a majority opinion and a concurence as well as two
separate dissents, suggests a certain lack of agreement on all sides
of the opinon.

So, (1) what's the most likely way to get a ruling sup****ting the
Appeals Court ruling against the FCC and (2) would it really matter
that much?

wes
 




 1 Posts in Topic:
George Denis Patrick Carlin, 1937--2008
wroehl@[EMAIL PROTECTED]   2008-06-24 20:54:20 

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tan12V112 Sun Nov 23 9:08:50 CST 2008.