Thursday, July 24, 2008

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"It's called the American Dream because you have to be asleep to believe it." - George Carlin

At 2:00 pm on Tuesday, October 30, 1973, WBAI 99.5 FM host Paul Gorman broadcast, unedited, George Carlin’s “Filthy Words” monologue, and Pacifica Radio listeners in New York City were treated that autumn day to a bold and controversial test of the First Amendment. Rich- very rich- with expletives, that first unedited public broadcast of “Filthy Words” would be become the genesis for one of the most important landmark Supreme Court decisions on free speech in the last 30 years.

F.C.C. v. Pacifica Foundation, or the ‘Carlin Case’ as it is now commonly called, was really born from the action of a lone radio listener whom filed a complaint with FCC some weeks after the original “Filthy Words” broadcast in 1973 on WBAI. After a volley of threats from the FCC, Pacifica Foundation (which owns and operates WBAI) dug in its heels and fought back, in the name of protecting its Mission and the interests of free speech in the United States. After an initial court victory by Pacifica, the FCC appealed to the Supreme Court, which in 1978 rejected Pacifica’s arguments and effectively established itself as a moral authority on what’s decent and what’s not.

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