Legal Commentary

George Carlin made me think, laugh, question

By David A. Giacalone

“Life is Worth Losing” from HBO.

George Carlin died of heart problems yesterday in Los Angeles. Just last week, he was named as the 11th recipient of the Mark Twain Prize for American Humor, by the Kennedy Center for the Performing Arts. I’m sure Mark Twain felt honored by the choice. Yes, he was edgy, but I am grateful that George Carlin let me safely sit on the edge with him over the past few decades.

Carlin is infamous for his “7 filthy words” monologue. At his official website, you can find the routine, directly quoted from the Supreme Court Decision of FEDERAL COMMUNICATIONS COMMISSION v. PACIFICA FOUNDATION, 438 U.S. 726, 98 S.Ct. 3026 (1978). You can find the Abstract of the opinion, at Oyez:

Facts of the Case

During a mid-afternoon weekly broadcast, a New York radio station aired George Carlin’s monologue, “Filthy Words.” Carlin spoke of the words that could not be said on the public airwaves. His list included shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. The station warned listeners that the monologue included “sensitive language which might be regarded as offensive to some.” The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son.

Question

Does the First Amendment deny government any power to restrict the public broadcast of indecent language under any circumstances?

Conclusion

No. The Court held that limited civil sanctions could constitutionally be invoked against a radio broadcast of patently offensive words dealing with sex and execration. The words need not be obscene to warrant sanctions. Audience, medium, time of day, and method of transmission are relevant factors in determining whether to invoke sanctions. “[W]hen the Commission finds that a pig has entered the parlor, the exercise of its regulatory power does not depend on proof that the pig is obscene.”

As I wrote on inauguration night, January 21, 2005, I spent that evening listening to Carlin’s When Will Jesus Bring the Pork Chops?, and noted:

George Carlin has done it again with Pork Chops, and I even forgive him for usurping some of my favorite topics ? e.g., euphemisms, politician-speak, and the Virgin Birth. I know this book has sold a lot of copies in hardback, but I have no doubt that listening to Carlin?s delivery on audio cassette or audio CD will enhance your experience. [I found that the least funny or insightful parts of Pork Chops center on merely being vulgar, but it was worth getting through those passages to hear the rest.]

Click here to listen to an mp3 version of the Ten Commandments section of When Will Jesus Bring the Porkchops (4 megs). He’s right, we don’t need ten!

Listening to Pork Chops, I had to smile when Carlin said “men are stupid and women are crazy, but women are crazy because men are stupid,” and, when he noted that”More people write poetry than read poetry.” Rather than write some poetry today, I’m going to listen again to When Will Jesus Bring the Porkchops?.

Noon Update:  I’ve been enjoying my audio Pork Chop tape.  Just now, George said: “Have you noticed that a lot of politicians these days are asking for change?  Just like homeless persons.”

coffee shop . . .
the only empty seat
still warm

… by Randy Brooks, from School?s Out (Press Here, 1999)

still here
after he leaves the bus ?
the stranger?s cologne

… by dagosan

Full post as published by f/k/a . . . on June 23, 2008 (boomark / email).