In the case of Richmond Television Corp. v. United States in 1965, the Supreme Court upheld a Federal Communications Commission (FCC) regulation that restricted television networks from broadcasting syndicated programs during prime time hours to encourage local programming and diversity in broadcast content. The FCC had implemented this policy known as "Prime Time Access Rule" to prevent major networks from monopolizing airtime with their own shows, thereby limiting opportunities for independent producers and local stations to showcase diverse content. Richmond Television Corporation challenged this rule arguing it violated First Amendment rights by controlling what could be aired during prime time slots. However, the court ruled against them stating that while broadcasters have First Amendment rights, these are not absolute when balanced against public interest considerations such as promoting competition and diversity in programming.

In the dissenting opinion for Richmond Television Corp. v. United States, the justice argued that the Federal Communications Commission (FCC) had overstepped its authority by imposing a prime time access rule which limited network programming to three hours per day in order to encourage local content production and diversity of programming. The justice believed this was an unwarranted intrusion into broadcasters' First Amendment rights and exceeded FCC's regulatory powers as defined by Congress under the Communications Act of 1934. They contended that such decisions should be left up to individual stations rather than being mandated by government regulation, emphasizing market forces as a better determinant for program selection and scheduling. Furthermore, they expressed concern about potential negative impacts on small television stations who might struggle financially without access to popular network programs during prime viewing times.