The case of Community Television of Southern California v. Gottfried et al., 1982, revolved around the issue of whether noncommercial public television stations are subject to the "equal time" provision in Section 315(a) of the Communications Act. This provision requires broadcasters to provide equal opportunities for political candidates to use their facilities if they allow any candidate that opportunity. The Supreme Court held that noncommercial educational television stations were exempt from this requirement due to a specific exclusion within Section 399(b) which states these stations cannot support or oppose any candidate for political office. Therefore, such stations could refuse requests by independent presidential candidates (in this case Gottfried and his running mate), who sought airtime under section 315(a). The court also noted that Congress intended public broadcasting be kept separate from partisan politics.

In the dissenting opinion for Community Television of Southern California v. Gottfried, Justice Brennan disagreed with the majority's interpretation of Section 396(k)(2) of the Communications Act. He argued that this section does not require public broadcasting stations to provide a right to reply or equal airtime to any person whose views have been criticized on their programs. According to him, such an interpretation would impose an undue burden on these stations and potentially infringe upon their First Amendment rights by forcing them into self-censorship out of fear of litigation. Furthermore, he contended that Congress did not intend for this provision to be used as a means for individuals or groups who feel aggrieved by aired content to seek redress in court; rather it was meant as a guideline for broadcasters in providing diverse programming.