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Description:As an independent federal agency, the FCC filed the appeal in its own name. Federal Communications Commission v. Pacifica Foundation[ edit ] Main article: It noted that while the declaratory ruling pertained to the meaning of the term indecency as used in a criminal statute 18 USC , 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. 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.

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