The United States Supreme Court case, UNITED STATES et al. v. SOUTHWESTERN CABLE CO. et al., 1967, revolved around the Federal Communications Commission's (FCC) authority to regulate community antenna television systems (CATV), now known as cable TV systems. Southwestern Cable Co., a CATV operator in San Diego, California was retransmitting signals from Los Angeles stations without their consent which led to a decrease in local advertising revenue and viewership for local broadcasters who complained to FCC about this practice. The court ruled that the FCC had jurisdiction over CATV operations under its mandate from Congress "to make available...a nationwide...communication service." The ruling stated that although there were no explicit statutory provisions giving the FCC power over cable companies at that time, it was within their purview because of the potential impact on broadcast services which they did have express control over. This decision marked an important turning point by recognizing regulatory oversight of emerging technologies even if not explicitly mentioned in existing legislation - essentially setting up a precedent for future cases involving new technology and communication mediums.

In the dissenting opinion for United States v. Southwestern Cable Co., Justice Douglas argued that the Federal Communications Commission (FCC) had overstepped its authority by regulating community antenna television systems (CATV). He contended that CATV was not a form of broadcasting, but rather a means of receiving broadcast signals and therefore should not fall under FCC jurisdiction. The majority's interpretation, he claimed, would allow the FCC to regulate any device capable of receiving radio or television broadcasts - an outcome he believed Congress did not intend when it established the agency's powers. Furthermore, Douglas expressed concern about potential First Amendment violations if such broad regulatory power were allowed to stand.