[2] Shuler had become known for personal attacks on politicians and local police officials,[3] criticism of libraries and schools for teaching subjects like evolution,[4] and disparagement of Jews and Roman Catholics.

[5] The station applied for a renewal of its license in 1930, at which time chief FRC examiner Ellis A. Yost expressed misgivings about Shuler's "extremely indiscreet" broadcasts, but ultimately recommended approval.

That action was then appealed and the dispute advanced to a full trial, with Shuler and the church citing violations of free speech and due process of law.

The appellants also claimed that the license denial was arbitrary and capricious, which was prohibited under American administrative law[5] The United States Court of Appeals for the District of Columbia Circuit largely avoided an analysis of the First Amendment in the case, stating that licensing of speech (or the refusal thereof) by government is only censorship if the affected party is also prohibited from expression via any other forum.

[9] Hence, the court found that the FRC had concluded appropriately that Shuler's broadcasts on KGEF were not in the public interest, largely due to his verbal attacks against his political enemies, many of which included false accusations of crimes.