In the 1942 case Federal Communications Commission v. National Broadcasting Co., Inc. (KOA) et al., the U.S Supreme Court upheld the authority of the Federal Communications Commission (FCC) to regulate radio broadcasting in order to serve public interest, convenience, or necessity. The FCC had ordered a reallocation of broadcast frequencies that would have reduced interference and improved service for listeners but was challenged by NBC who argued this exceeded FCC's powers under the Communications Act of 1934. However, Justice Frankfurter writing for majority held that Congress intended to give broad regulatory power over radio communication to FCC through this act and it did not violate any constitutional rights as claimed by NBC because there is no absolute right to use particular frequency without considering whether its usage serves public interest.

The dissenting opinion in the case of Federal Communications Commission v. National Broadcasting Co., Inc. (KOA) et al., 1942, argued that the majority's decision to uphold FCC regulations regarding radio frequency allocation was an overreach of governmental power and a violation of free speech rights under the First Amendment. The dissenters believed that while Congress had given authority to the FCC to regulate airwaves, it did not grant them carte blanche control over content or programming decisions made by broadcasters. They contended that such regulation could lead to government censorship or manipulation of news and information disseminated through broadcasting channels, thereby infringing on freedom of expression principles enshrined in constitutional law. Furthermore, they expressed concerns about potential arbitrariness and lack of clear standards guiding regulatory actions by FCC which might result in unfair treatment for certain broadcasters.