In broadcast law (particularly within

U.S. law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

), the pervasiveness doctrine is the doctrine stating that media content of broadcasts is subject to regulation because broadcast

radio wave Radio waves are a type of electromagnetic radiation with the longest wavelengths in the electromagnetic spectrum, typically with frequencies of 300 gigahertz (GHz) and below. At 300 GHz, the corresponding wavelength is 1 mm (short ...

s are available to anyone and therefore "uniquely pervasive". In general,

profanity Profanity, also known as cursing, cussing, swearing, bad language, foul language, obscenities, expletives or vulgarism, is a socially offensive use of language. Accordingly, profanity is language use that is sometimes deemed impolite, rud ...

and

sex Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, oft ...

, or other adult material deemed "

indecent Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications. Co ...

" by a broadcasting authority, may not be broadcast outside of overnight "

watershed Watershed is a hydrological term, which has been adopted in other fields in a more or less figurative sense. It may refer to: Hydrology * Drainage divide, the line that separates neighbouring drainage basins * Drainage basin, called a "watershe ...

" or "safe harbor" hours when children are unlikely to be awake. Material deemed " obscene" may still be prohibited at all times. This doctrine has generally been held to apply only to the

AM broadcast band AM broadcasting is radio broadcasting using amplitude modulation (AM) transmissions. It was the first method developed for making audio radio transmissions, and is still used worldwide, primarily for medium wave (also known as "AM band") transmis ...

(

medium wave Medium wave (MW) is the part of the medium frequency (MF) radio band used mainly for AM radio broadcasting. The spectrum provides about 120 channels with more limited sound quality than FM stations on the FM broadcast band. During the daytime ...

FM broadcast band The FM broadcast band is a range of radio frequencies used for FM broadcasting by radio stations. The range of frequencies used differs between different parts of the world. In Europe and Africa (defined as International Telecommunication Union (I ...

(

VHF Very high frequency (VHF) is the ITU designation for the range of radio frequency electromagnetic waves (radio waves) from 30 to 300 megahertz (MHz), with corresponding wavelengths of ten meters to one meter. Frequencies immediately below VHF ...

band II Band II is the range of radio frequencies within the very high frequency (VHF) part of the electromagnetic spectrum from 87.5 to 108.0 megahertz (MHz). Radio Band II is primarily used worldwide for FM radio broadcasting. Broadcast telev ...

), and TV broadcast bands (VHF

band I Band I is a range of radio frequencies within the very high frequency (VHF) part of the electromagnetic spectrum. The first time there was defined "for simplicity" in Annex 1 of "Final acts of the European Broadcasting Conference in the VHF and U ...

and

band III Band III is the name of the range of radio frequencies within the very high frequency (VHF) part of the electromagnetic spectrum from 174 to 240 megahertz (MHz). It is primarily used for radio and television broadcasting. It is also called high-b ...

, and

UHF Ultra high frequency (UHF) is the ITU designation for radio frequencies in the range between 300 megahertz (MHz) and 3 gigahertz (GHz), also known as the decimetre band as the wavelengths range from one meter to one tenth of a meter (on ...

). It does not apply to

cable TV Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with broadc ...

, cable radio, satellite TV,

satellite radio Satellite radio is defined by the International Telecommunication Union (ITU)'s ITU Radio Regulations (RR) as a ''broadcasting-satellite service''. The satellite's signals are broadcast nationwide, across a much wider geographical area than ter ...

, or other forms of electronic media, because although they also use publicly owned airwaves, these are subscription services which the listener or viewer must explicitly request, and are subject to

conditional access Conditional access (CA) is a term commonly used in relation to software and to digital television systems. Conditional access is that ‘just-in-time’ evaluation to ensure the person who is seeking access to content is authorized to access the c ...

analog Analog or analogue may refer to: Computing and electronics * Analog signal, in which information is encoded in a continuous variable ** Analog device, an apparatus that operates on analog signals *** Analog electronics, circuits which use analo ...

scrambling, or digital

encryption In cryptography, encryption is the process of encoding information. This process converts the original representation of the information, known as plaintext, into an alternative form known as ciphertext. Ideally, only authorized parties can decip ...

. The origin of the name comes from the

Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction ...

's 1978 legal case against

Pacifica Radio Pacifica may refer to: Art * ''Pacifica'' (statue), a 1938 statue by Ralph Stackpole for the Golden Gate International Exposition Places * Pacifica, California, a city in the United States ** Pacifica Pier, a fishing pier * Pacifica, a conceiv ...

, when the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

used the term to justify the verdict against the broadcaster. The ''

Federal Communications Commission v. Pacifica Foundation ''Federal Communications Commission v. Pacifica Foundation'', 438 U.S. 726 (1978), was a landmark decision of the US Supreme Court that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcas ...

'' case is considered a landmark for American broadcasters.

References

1978 in American law Broadcast law {{Broadcast-stub