In the 1972 case Columbia Broadcasting System, Inc. v. Democratic National Committee, the U.S Supreme Court ruled that broadcasters have discretion over whether to air paid editorial advertisements or not. The Democratic National Committee and other parties had sought to purchase airtime on CBS for editorials but were denied by the network citing its policy of refusing all paid editorial and political ads. The plaintiffs argued this violated their First Amendment rights and was contrary to public interest obligations under Federal Communications Commission (FCC) regulations. However, in a unanimous decision led by Justice Byron White, the court held that neither FCC rules nor constitutional law required broadcasters to accept every offer made for broadcasting time; they could exercise journalistic judgment about what content is aired without infringing upon free speech rights.

In the dissenting opinion for Columbia Broadcasting System, Inc. v. Democratic National Committee, Justice Douglas argued that the First Amendment should protect political advertisements on radio and television in order to promote a diversity of views. He contended that broadcasters are custodians of public property – airwaves – and thus have an obligation to ensure they are used in the best interest of all citizens. This includes providing access to different viewpoints without discrimination or favoritism towards any particular group or individual. Furthermore, he disagreed with majority's reliance on fairness doctrine as it does not guarantee equal opportunity for all voices but rather gives excessive power to broadcasters who can decide which views get aired based on their own preferences or interests.