In the 1918 case Commercial Cable Company v. Burleson et al., the US Supreme Court upheld the government's power to control and censor international cable communications during times of war. The case arose when, during World War I, Postmaster General Albert S. Burleson ordered all American telegraph companies to refuse service for any messages destined for transoceanic cables owned by foreign entities unless those messages were first submitted to a censor for approval. The Commercial Cable Company challenged this order as an unconstitutional violation of its rights under the First Amendment and Fifth Amendment due process clause. The Supreme Court disagreed with Commercial Cable Company's argument, ruling that in wartime, Congress had broad powers under Article I Section 8 Clause 11 (the Declare War Clause) of the Constitution to regulate not just military forces but also civilian activities closely connected with warfare such as international communication systems. Therefore, it was within Congress’s authority to delegate censorship powers over these systems to executive branch officials like Postmaster General Burleson.

In the dissenting opinion for Commercial Cable Company v. Burleson, Justice McReynolds expressed concern over the potential abuse of power by the government in seizing private property without due process or just compensation. He argued that while wartime conditions may necessitate certain actions, they should not be used as a blanket justification to infringe upon constitutional rights and protections. The justice contended that there was no immediate danger or threat posed by the cable company's operations which would warrant such drastic action from Postmaster General Albert S. Burleson under an executive order issued by President Woodrow Wilson during World War I. Furthermore, he questioned whether this seizure truly served public interest or merely advanced governmental control and interference in private business affairs.