The U.S. Supreme Court case Federal Radio Commission v. General Electric Company et al., 1929, revolved around the allocation of radio frequencies by the newly formed Federal Radio Commission (FRC). The FRC had denied an application from General Electric and its partners for a clear-channel frequency, which would have allowed them to broadcast without interference from other stations. Instead, it assigned them a regional channel that was subject to such interference. The companies sued on grounds that this decision violated their rights under the Due Process Clause of the Fifth Amendment and also exceeded FRC's authority as defined in the Radio Act of 1927. In ruling against General Electric and its partners, Justice Harlan Stone wrote for a unanimous court stating that there was no property interest in radio waves or frequencies; therefore no due process violation could occur when these were allocated by government regulation. Furthermore, he stated that Congress intended for public convenience and necessity to be prioritized over individual broadcaster preferences when allocating frequencies - thus affirming FRC's actions within their statutory mandate.

In the dissenting opinion for Federal Radio Commission v. General Electric Company, Justice Butler argued that the Federal Radio Commission had overstepped its authority by arbitrarily assigning radio frequencies and power levels without considering existing licenses or property rights. He contended that this action violated due process under the Fifth Amendment as it deprived broadcasters of their property without just compensation. Furthermore, he disagreed with majority's interpretation of "public interest" in relation to broadcasting regulation, arguing instead that public interest should be determined through market forces rather than government intervention. Finally, he expressed concern about potential censorship implications if the commission was allowed to regulate content based on subjective determinations of what served public interest.