The United States Department of Justice intervened in the case, supporting Pacifica’s argument that the FCC’s declaratory ruling violated the First Amendment, and that it also violated the Fifth Amendment in that the FCC’s definition of “indecency” was too vague to support criminal penalties.
The FCC in turn appealed to the Supreme Court.
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WBAI appealed this decision, which was overturned by the United States Court of Appeals for the District of Columbia Circuit in a 2–1 decision on the grounds that the FCC’s definition of “indecency” was overbroad and vague, and thus violated the First Amendment’s guarantee of free speech. No specific sanctions were included in the order, but WBAI was put on notice that “in the event subsequent complaints are received, the Commission will then decide whether it should utilize any of the available sanctions it has been granted by Congress.” Pacifica station WBAI broadcast this version of the routine uncensored on October 30 that year, and a complaint was filed by a listener with the FCC.įollowing up on the complaint, the FCC proceeded to ask Pacifica for a response, then issued a declaratory order upholding the complaint. On his next album, 1973’s “Occupation: Foole”, Carlin performed a similar routine titled “Filthy Words”, dealing with the same list and many of the same themes. Carlin’s perspective as a true wordsmith, and his context is fantastic as always. The 4 minute XXX rated clip is not for the faint of heart, and the list is at 2:57.
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It was an instant hit!Ī few years ago, Carlin discussed this in an interview for the Emmy TV Legends bio series, and the video is linked above. May 27, 1972…George Carlin Debuts The Infamous “7 Words” SketchĤ4 years ago today, George Carlin’s now-legendary, “7 Words You Can Never Say On Television” sketch from the “Class Clown” album, was performed in concert for the first time.
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