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It's just impossible to say 'this is a blanket rule:'. 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.You'll see some newspapers print 'f blank blank k'. In 1978 the Supreme Court, in a 5–4 decision, ruled that the FCC's Declaratory Ruling did not violate either the First or Fifth Amendments, but in so ruling it limited the scope of its ruling to the specific broadcast that gave rise to the Declaratory Ruling and declined to consider whether the FCC's definition of indecency would survive a First Amendment challenge if applied to the broadcast of other material containing the same or similar words which had been cited in Pacifica's brief (e.g., works of Shakespeare – "pissing conduits," "bawdy hand of the dial on the prick of noon"; the Bible – "he who pisseth against the wall"; the Watergate Tapes).

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It noted that while the Declaratory Ruling pertained to the meaning of the term indecency as used in a criminal statute (), since the FCC had not imposed any penalty on Pacifica for the broadcast of words that came within the FCC's definition of "indecent", it did not need to reach the question as to whether the definition was too vague to satisfy the due process requirements of the Fifth Amendment.

This decision formally established indecency regulation in American broadcasting.

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In 1972, George Carlin released an album of stand-up comedy entitled Class Clown. [...] On these other things, we get into the field of hypocrisy. Following the lodging of the complaint, the FCC proceeded to ask Pacifica for a response, then issued a declaratory order upholding the complaint.