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taken place.
<p>
Second, broadcasting is uniquely accessible to children, even those
too young to read.  Although Cohen's written message ["Fuck the Draft"
across the back of his jacket;  his conviction was overturned on First
Amendment grounds.  See discussion, 438 U.S. 747 at n.25. -- E.A.]  
might have been incomprehensible to a first grader, Pacifica's
broadcast could have enlarged a child's vocabulary in an instant.
Other forms of offensive expression may be withheld from the young
without restricting the expression at its source.  Bookstores and
motion picture theaters, for example, may be prohibited from making
indecent material available to children.  We held in Ginsberg v. New
York, 390 U.S. 629, that the government's interest in the "well-being
of its youth" and in supporting "parents' claim to authority in their
own household" justified the regulation of otherwise protected
expression.  Id., at 640 and 639.  The ease with which children may
obtain access to broadcast material, coupled with the concerns
recognized in Ginsberg, amply justify special treatment of indecent
broadcasting.  

<p>
...The judgment of the Court of Appeals is reversed.

<hr>
<h4>Appendix </h4>
<hr>
The following is a verbatim transcript of "Filthy Words" prepared by
the Federal Communications Commission.  
<p>
Aruba-du, ruba-tu, ruba-tu.  I was thinking about the curse words and
the swear words, the cuss words and the words that you can't say, that
you're not supposed to say all the time, [`]cause words or people into
words want to hear your words.  Some guys like to record your words
and sell them back to you if they can, (laughter) listen in on the
telephone, write down what words you say.  A guy who used to be in
Washington knew that his phone was tapped, used to answer, Fuck
Hoover, yes, go ahead.  (Laughter)  Okay, I was thinking one night
about the words you couldn't say on the public, ah, airwaves, um, the
ones you definitely wouldn't say, ever, [`]cause I heard a lady say
bitch one night on television, and it was cool like she was talking
about, you know, ah, well, the bitch is the first one to notice that
in the litter Johnie right (murmur) Right.  And, uh, bastard you can
say, and hell and damn so I have to figure out which ones you couldn't
and it came down to seven but the list is open to amendment, and in
fact, has been changed, uh, by now, ha, a lot of people pointed things
out to me, and I noticed some myself.  The original seven words were,
shit, piss, fuck, cunt, cocksucker, motherfucker, and tits.  Those are
the ones that will curve your spine, grow hair on your hand and
(laughter) maybe, even bring us, God help us, peace without honor
(laughter) um, and a bourbon.  (laughter) And now the first thing that
we noticed was that the word fuck was really repeated in there because
the word motherfucker is a compound word and it's another form of the
word fuck. (laughter) You want to be a purist it doesn't really -- it
can't be on the list of basic words.  Also cocksucker is a compound
word and neither half of that is really dirty.  The word -- the half
sucker that's merely suggestive (laughter) and the word cock is a
half-way dirty word, 50% dirty -- dirty half the time, depending on
what you mean by it. (laughter) Uh, remember when you first heard it,
like in 6th grade, you used to giggle.  And the cock crowed three
times, heh (laughter) the cock -- three times.  It's in the Bible,
cock in the Bible.  (laughter)  And the first time you heard about a
cock-fight, remember -- What?  Huh?  naw.  It ain't that, are you
stupid?  man.  (laughter, clapping)  It's chickens, you know,
(laughter) Then you have the four letter words from the old
Anglo-Saxon fame.  Uh, shit and fuck.  The word shit, uh, is an
interesting kind of word in that the middle class has never really
accepted it and approved it.  They use it like, crazy but it's not
really okay.  It's still a rude, dirty, old kind of gushy word.
(laughter) They don't like that, but they say it, like, they say it
like a lady now in a middle-class home, you'll hear most of the time
she says it as an expletive, you know, it's out of her mouth before
she knows.  She says, Oh shit oh shit, (laughter) oh shit.  If she
drops something, Oh, the shit hurt the broccoli.  Shit.  Thank you.
(footsteps fading away) (papers ruffling)
<p>
Read it! (from audience)
<p>
Shit! (laughter) I won the Grammy, man, for the comedy album.  Isn't
that groovy?  (clapping, whistling) (murmur) That's true.  Thank you.
Thank you man.  Yeah.  (murmur)(continuous clapping) Thank you man.
Thank you.  Thank you very much, man.  Thank, no, (end of continuous
clapping) for that and for the Grammy, man, [`]cause (laughter) that's
based on people liking it man, yeh, that's ah, that's okay man.
(Laughter) Let's let that go, man.  I got my Grammy.  I can let my
hair hang down now, shit.  (laughter) Ha!  So!  Now the word shit is
okay for the man.  At work you can say it like crazy.  Mostly
figuratively.  Get that shit out of here, will ya?  I don't want to
see that shit anymore.  I can't <em> cut</em> that shit, buddy.  I've
had that shit up to here.  I think you're full of shit myself.
(laughter)  He don't know shit from Sinola.  (laughter) you know that?
(laughter) Always wondered how the Shinola people felt about that
(laughter) Hi, I'm the new man from Shinola. (laughter) Hi, how are
ya? Nice to see ya.  (laughter)  How are ya? (laughter) Boy, I don't
know whether to shit or wind my watch.  (laughter)  Guess, I'll shit
on my watch. (laughter) Oh, <em>the </em> shit is going to hit
<em>de</em> fan. (laughter) Built like a brick shit-house. (laughter)
Up, he's up shit's creek. (laughter) He's had it. (laughter) He hit
me, I'm sorry.  (laughter) Hot shit, holy shit, tough shit, eat shit,
(laughter) shit-eating grin.  Uh, whoever thought of that was ill.
(murmur laughter) He had a shit-eating grin!  He had a what?
(laughter) Shit on a stick. (laughter) Shit in a handbag.  I always
like that.  He ain't worth shit in a handbag. (laughter) Shitty.  He
acted real shitty. (laughter) You know what I mean?  (laughter) I got
the money back, but a real shitty attitude.  Heh, he had a shit-fit.
(laughter) Wow!  Shit-fit.  Whew!  Glad I wasn't there.  (murmur,
laughter) All the animals -- Bull shit, horse shit, cow shit, rat
shit, bat shit.  (laughter) First time I heard bat shit, I really came
apart.  A guy in Oklahoma, Boggs, said it, man.  AW!  Bat
shit. (laughter) Vera reminded me of that last night, ah (murmur).
Snake shit, slicker than owl shit. (laughter) Get your shit together.
Shit or get off the pot. (laughter) I got a shit-load full of
them. (laughter) I got a shit-pot full, all right.  Shit-head,
shit-heel, shit in your heart, shit for brains, (laughter) shit-face,
heh (laughter) I always try to think how that could have originated;
the first guy that said that.  Somebody got drunk and fell in some
shit, you know.  (laughter)  Hey, I'm shit-fadce.  (laughter)
Shit-face, <em>today.</em> (laughter) Anyway, enough of that
shit. (laughter) The big one, the word fuck that's the one that hangs
them up the most.  [`]Cause in a lot of cases that's the very act that
hangs them up the most.  So, it's natural that the word would, uh,
have the same effect.  It's a great word, fuck, nice word, easy word,
cute word, kind of.  Easy word to say.  One syllable, short u.
(laughter) Fuck.  (Murmur) You know, it's easy.  Starts with a nice
soft sound fuh ends with a <em>kuh</em>.  Right? (laughter) A little
something for everyone. Fuck (laughter) Good word.  Kind of a proud
word, too.  Who are you?  I am <em>FUCK</em>. (laughter)  <em>FUCK OF
THE MOUNTAIN.</em> (laughter) Tune in again next week to FUCK OF THE
MOUNTAIN. (laughter)  It's an interesting word too, [`]cause it's got
a double kind of a life-- personality--dual, you know, whatever the
right phrase is.  It leads a double life, the word fuck.  First of
all, it means, sometimes, most of the time, fuck.  What does it mean?
It means to make love.  Right?  We're going to make love, yeh, we're
going to fuck, yeh, we're going to fuck, yeh, we're going to make
love. (laughter) we're really going to fuck, yeh, we're going to make
love.  Right?  And it also means the beginning of life, it's the act
that begins life, so there's the word hanging around with words like
love, and life, and yet on the other hand, it's also a word that we
really use to hurt each other with, man.  It's a heavy.  It's one that
you have toward the end of the argument. (laughter) Right? (laughter)
You finally can't make out.  Oh, fuck you man.  I said, fuck you.
(laughter, murmur) Stupid fuck. (laughter) Fuck you and everybody that
looks like you. (laughter) man.  It would be nice to change the movies
that we already have and substitute the word fuck for the word kill,
wherever we could, and some of those movie cliches would change a
little bit. Madfuckers still on the loose.  Stop me before I fuck
again. Fuck the ump, fuck the ump, fuck the ump, fuck the ump, fuck
the ump.  Easy on the clutch, Bill, you'll fuck that engine
again. (laughter) The other shit one was, I don't give a shit.  Like
it's worth something, you know? (laughter) I don't give a shit.  Hey,
well, I don't take no shit, (laughter) you know what I mean?  You know
why I don't take no shit? (laughter) [`]Cause I don't give a
shit. (laughter) If I give a shit, I would have to pack
shit. (laughter) But I don't pack no shit cause I don't give a
shit. (laughter) You wouldn't shit me, would you? (laughter) That's a
joke when you're a kid wiht a worm looking out the bird's ass.  You
wouldn't shit me, would you? (laughter) It's an eight-year-old joke
but a good one. (laughter) The additions to the list.  I found three
more words that had to be put on the list of words you could never say
on television, and they were fart, turd, and twat, those three.
(laughter) Fart, we talked about, it's harmless It's like tits, it's a
cutie word, no problem.  Turd, you can't say but who wants to, you
know? (laughter) The subject never comes up on the panel so I'm not
worried about that one.  Now the word twat is an interesting word.
Twat!  Yeh, right in the twat. (laughter) Twat is an interesting word
because it's the only one IO know of, the only slang word applying to
the, a part of the sexual anatomy that doesn't have another meaning to
it.  Like, ah, snatch, box and pussy all have other meanings, man.
Even in a Walt Disney movie, you can say, We're going to snatch that
pussy and put him in a box and bring him on the airplane. (murmur,
laughter).  Everybody loves it.  The twat stands alone, man, as it
should.  And two-way words.  Ah, ass is okay providing you're riding
into town on a religious feast day. (laughter) You can't say, up your
<em>ass</em>. (laughter) You can say, stuff it! (murmur) There are
certain things you can say its weird but you can just come so close.
Before I cut, I, uh, want to, ah, thank you for listening to my words,
man, fellow, uh space travelers.  Thank you man for tonight and thank
you also.  (clapping whistling)
<hr>
<h4> Concurring opinion</h4>
<hr>
Mr. Justice <strong>Powell</strong>, with whom Mr. Justice
<strong>Blackmun</strong> joins, concurring in part and concurring in
the judgment.  
<p>
I join Parts I, II, III, and IV--C of Mr. Justice Stevens' opinion.
The Court today reviews only the Commission's holding that Carlin's
monologue was indecent "as broadcast" at two o'clock in the afternoon,
and not the broad sweep of the Commission's opinion.... 
<p>
I also agree with much that is said in Part IV of Mr. Justice Stevens'
opinion, and with its conclusion that the Commission's holding in this
case does not violate the First Amendment.  Because I do not subscribe
to all that is said in Part IV, however, I state my views separately.

<p>
It is conceded that the monologue at issue here is not obscene in the
constitutional sense.  See 56 FCC2d 94, 98 (1975);  Brief for
Petitioner 18.  ... Some of the words used have been held protected by
the First Amendment in other cases and contexts. [citations omitted --
E.A.]  I do not think Carlin, consistently with the First Amendment,
could be punished for delivering the same monologue to a live audience
composed of adults who, knowing what to expect, chose to attend his
performance.  See Brown v. Oklahoma, 408 U.S. 914 (1972) (Powell, J., 
concurring in result).  And I would assume that an adult could not
constitutionally be prohibited from purchasing a recording or
transcript of the monologue and playing or reading it in the privacy
of his own home.  Cf. Stanley v. Georgia, 394 U.S. 557 (1969).  
<p>
But it also is true that the language employed is, to most people,
vulgar and offensive.  It was chosen specifically for this quality,
and it was repeated over and over as a sort of verbal shock treatment.
The Commission did not err in characterizing the narrow category of
language used here as "patently offensive" to most people regardless
of age.
<p>
The issue, however, is whether the Commission may impose civil
sanctions on a licensee radio station for broadcasting the monologue
at two o'clock in the afternoon.  The Commission's primary convern was
to prevent the broadcast from reaching the ears of unsupervised
children who were likely to be in the audience at that hour.  In
essence, the Commission sought to "channel" the monologue to hours
when the fewest unsupervised children would be exposed to it.  See 56
FCC2d, at 98.  In my view, this consideration provides strong support
for the Commission's holding.
<p>
The Court has recognized society's right to "adopt more stringent
controls on communicative materials available to youths than on those
available to adults."  Erznoznik v. Jacksonville, 422 U.S. 205, 212
(1975);  see also [citations omitted -- E.A.] This recognition stems
in large part from the fact that "a child ... is not possessed of that
full capacity for individual choice which is the supposition of First
Amendment guarantees."  Ginsberg v. New York, supra [390 U.S. 629] at 
649-50 (Stewart, J., concurring in result).  Thus, children may not be
able to protect themselves from speech, which, although shocking to
most adults, generally may be avoided by the unwilling through the
exercise of choice.  At the same time, such speech may have a deeper
and more lasting negative effect on a child than on an adult.  For
these reasons, society may prevent the general dissemination of such
speech to children, leaving to parents the decision as to what speech
of this kind their children shall hear and repeat.... 
<p>
It is argued that despite society's right to protect its children from
this kind of speech, and despite everyone's interest in not being
assaulted by offensive speech in the home, the Commission's holding in