In the 1942 case National Broadcasting Co., Inc. v. United States, the Supreme Court upheld a Federal Communications Commission (FCC) regulation that limited network broadcasting companies' ability to control programming content on their affiliate stations. The FCC had issued an order known as the "Chain Broadcasting Regulations" which sought to prevent large networks from monopolizing airtime and restricting competition by limiting their contractual power over affiliates. NBC challenged this order, arguing it was beyond the scope of FCC's authority and violated free speech rights under First Amendment. However, in a unanimous decision, the court ruled in favor of FCC stating that public interest was paramount when regulating communication channels like radio broadcasts and such regulations did not violate First Amendment rights because they were intended to promote rather than restrict freedom of expression.

In the dissenting opinion for the case of National Broadcasting Co., Inc. v. United States, Justice James Clark McReynolds argued that the Federal Communications Commission (FCC) had overstepped its bounds by attempting to regulate network broadcasting contracts. He believed that Congress did not intend for such extensive control when it established the FCC and granted it regulatory powers under the Communications Act of 1934. The majority's interpretation, according to him, would give an administrative body a level of power that should be reserved only for legislative bodies like Congress itself. Furthermore, he expressed concern about potential violations of freedom of speech and press rights protected under First Amendment if such broad interpretations were allowed to stand unchallenged.