The Red Lion Broadcasting Co., Inc. v. Federal Communications Commission (FCC) case in 1968 was a landmark decision by the U.S Supreme Court that upheld the fairness doctrine of the FCC, which required broadcasters to present both sides of controversial public issues. The court ruled that it was constitutional for the government to require radio and television stations to give equal time to opposing views on public issues under certain circumstances, as long as they did not censor content or interfere with journalistic freedom. This ruling affirmed that while individual speech is protected under First Amendment rights, when it comes to broadcasting frequencies - a limited resource - there can be some regulation in order to ensure diverse viewpoints are heard.

In the dissenting opinion for Red Lion Broadcasting Co., Inc. v. Federal Communications Commission, Justice White argued that the Fairness Doctrine imposed by the FCC was an unconstitutional violation of broadcasters' First Amendment rights to free speech and press. He contended that it is not within the government's power to regulate or control what a private broadcaster can air on their station, as this infringes upon their freedom of expression. Furthermore, he expressed concern about potential misuse of such regulation in suppressing certain viewpoints or controlling public opinion through selective enforcement of these rules. He also questioned whether there was indeed a scarcity in broadcasting frequencies necessitating such regulations and suggested that technological advancements could alleviate any perceived shortage.