438 U.S. 726; 98 S. Ct. 3026; 57 L. Ed. 2d 1073; 1978 U.S. LEXIS 135; 43 Rad. Reg. 2d (P & F) 493; 3 Media L. Rep. 2553
Because of the pervasive nature of broadcasting, it has less First Amendment protection than other forms of communication. The F.C.C. was justified in concluding that Carlin's "Filthy Words" broadcast, though not obscene, was indecent, and subject to restriction.
The Court accepted as compelling the government's interests in 1) shielding children from patently offensive material, and 2) ensuring that unwanted speech does not enter one's home. The Court stated that the FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience, and gave the FCC broad leeway to determine what constituted indecency in different contexts.
Thanks, Mr. Carlin, for inviting the vampire through the threshold. You don't have to worry about the FCC now that you're dead. Lucky you.
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