On the afternoon of October 30, 1973, radio station WBAI in New York City, owned by the nonprofit Pacifica Foundation, aired a program about societal attitudes toward language and included the monologue "Seven Words You Can Never Say on Television" by comedian George Carlin, from his 1972 album Class Clown.

[5] The order also explained that the Carlin routine was "patently offensive" and "deliberately broadcast" at a time when minors could have been listening, which were forbidden per the Communications Act of 1934.

In March 1977, the circuit court reversed the FCC's order against Pacifica, ruling it to be censorship of a type that was also prohibited by the Communications Act of 1934.

This was because the Commission had the authority to shield children from potentially offensive material, and to ensure that unwanted speech does not intrude on the privacy of one's home.

[1] In light of First Amendment concerns, the high court held that government regulation of broadcasting content, when in the form of a partial restriction but not a total ban, is not considered censorship.

[10] Conversely, it would be acceptable for Pacifica or any other radio station to broadcast the Carlin routine, or any similarly indecent material, outside of the daytime safe harbor hours when vulnerable audiences like children are more likely to be listening.

[11] The Pacifica ruling is often cited as one of the most important precedents in American broadcasting law and the U.S. government's ability to regulate mass media content.

[12] The case is also cited for clarifying the potential conflict between the government's interest in protecting audiences and a broadcaster's First Amendment rights,[13] though the Supreme Court's interpretation is sometimes criticized for its inconsistency and inability to adapt to new media technologies or trends in popular content.