Federal Communications Commission v. Pacifica Foundation
438 U.S. 726 · Decided July 3, 1978 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Federal Communications Commission v. Pacifica Foundation was decided on July 3, 1978 by a vote of 5–4. The Court reversed the lower court's decision. Justice John Paul Stevens wrote the opinion of the Court. SCDB classifies its main issue as “First Amendment, miscellaneous” in the First Amendment area.
Read the opinion
Case details
- Citations
- 438 U.S. 726 · 98 S. Ct. 3026 · 57 L. Ed. 2d 1073 · 1978 U.S. LEXIS 135
- Docket number
- 77-528
- Decided
- July 3, 1978
- Argued
- April 18, 1978
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Majority opinion
- John Paul Stevens
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- First Amendment, miscellaneous
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Dissent | Wrote an opinion |
| Justice Byron R. White | Dissent | |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Special concurrence | |
| Justice Lewis F. Powell Jr. | Special concurrence | Wrote an opinion |
| Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Majority | Wrote an opinion |
Full case caption
Federal Communications Commission v. Pacifica Foundation et al.
SCDB identifiers: case 1977-157, docket 1977-157-01.
Related decisions
Other cases on “First Amendment, miscellaneous”
- Houchins v. Kqed, Inc.
- Landmark Communications, Inc. v. VirginiaLaw held unconstitutional
- Givhan v. Western Line Consolidated School District
- Smith v. Arkansas State Highway Employees
- Marchioro v. Chaney
- Smith v. Daily Mail Publishing Co.Law held unconstitutional
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Ohralik v. Ohio State Bar Assn.
- Pinkus v. United States
- First National Bank of Boston v. BellottiLaw held unconstitutional
- Friedman v. Rogers
- Herbert v. Lando
- Wolston v. Reader's Digest Association, Inc.
Same Term, same area (First Amendment)
- New York v. Cathedral AcademyLaw held unconstitutional
- McDaniel v. PatyLaw held unconstitutional
- First National Bank of Boston v. BellottiLaw held unconstitutional
- Landmark Communications, Inc. v. VirginiaLaw held unconstitutional
- Pinkus v. United States
- Houchins v. Kqed, Inc.
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error