In the 1951 case Adler et al. v. Board of Education of the City of New York, the U.S Supreme Court upheld a New York state law that allowed schools to fire teachers for being members of subversive groups. The plaintiffs were public school teachers who had been dismissed under this law due to their alleged membership in the Communist Party and they argued that it violated their First Amendment rights to freedom of speech and association. However, the court ruled against them stating that while individuals have a right to talk about Communism, they do not have an absolute right to work for the state as well if they are partaking in activities which could potentially overthrow it. This decision was significant because it showed how concerns about national security during Cold War era could override individual constitutional rights.

In the dissenting opinion for Adler v. Board of Education, Justice William O. Douglas argued that the law in question was a violation of both free speech and due process rights protected by the First Amendment and Fourteenth Amendment respectively. He contended that it was unconstitutional to dismiss teachers based on their membership in certain organizations without giving them an opportunity to explain or defend themselves against accusations of disloyalty or subversive activities. Furthermore, he expressed concern about guilt by association, arguing that mere membership in an organization deemed subversive did not necessarily mean one shared its views or objectives. He also criticized the majority's reliance on "expert" testimony regarding which organizations were considered subversive as arbitrary and subjective.