The First Amendment Center, which recently tallied retiring Supreme Court Justice John Paul Stevens' top First Amendment decisions, came out this week with his worst rulings regarding the freedom of religion, speech and the press.
His most egregious, according to the list, declaring George Carlin's “seven dirty words” unprotected speech:
FCC v. Pacifica Foundation (1978)
In this decision, the Court ruled that the Federal Communications Commission could fine a radio station for broadcasting George Carlin's “Filthy Words” monologue during daytime hours when children are apt to listen. Stevens' plurality opinion approved of government regulation of broadcasting, in part by reaffirming its second-class status as a communications medium, and declaring it had a “uniquely pervasive presence” in Americans' lives and was “uniquely accessible” by children. Stevens pressed the idea that the Carlin speech was low-value speech entitled to reduced protection because of its sexual and vulgar content.
Stevens' opinion caused fellow Justice William Brennan to express his ire: “I find the Court's misapplication of fundamental First Amendment principles so patent, and its attempt to impose its notions of propriety on the whole of the American people so misguided, that I am unable to remain silent.” Through the years, many have questioned the logic of Pacifica in allowing the regulation of “indecent” speech, as it is often difficult to define exactly what is indecent.
See the entire list HERE.