In the 1980 case CBS, Inc. v. Federal Communications Commission et al., the Supreme Court ruled in favor of the FCC, upholding its policy requiring broadcasters to offer reasonable access to legally qualified candidates for federal elective office as a condition of their license. The court found that this requirement did not violate First Amendment rights and was within Congress's authority to regulate broadcasting in public interest. CBS had argued that it should have discretion over which political advertisements it aired based on content and length; however, the court rejected this argument stating that such power could lead to abuse by network executives who might favor certain candidates or viewpoints. This decision affirmed an important principle: while broadcasters are private entities with editorial freedom, they operate on airwaves owned by public and must therefore serve public interest.

In the dissenting opinion for CBS, Inc. v. Federal Communications Commission et al., 1980, Justice Brennan disagreed with the majority's decision to uphold FCC regulations requiring broadcasters to offer reasonable access to candidates for federal elective office. He argued that these rules violated First Amendment rights by forcing broadcasters into a position of involuntary servitude as conduits for political speech they may not wish to disseminate or endorse. Furthermore, he contended that such mandates could potentially lead to an excessive amount of campaign advertising on television and radio which would be detrimental both in terms of public discourse and broadcaster autonomy. Additionally, he expressed concern about the potential chilling effect this might have on editorial discretion and journalistic independence within broadcasting organizations.