In the case of Allee v. Medrano, 1973, a group of union organizers were peacefully picketing and organizing meetings in Texas when they were disrupted by state troopers and local police who claimed that the organizers' actions violated a Texas anti-picketing statute. The officers arrested several individuals without warrants and seized their literature. The Supreme Court ruled in favor of the union organizers, stating that these acts constituted an unconstitutional "chilling effect" on First Amendment rights to free speech and assembly. Furthermore, it was determined that this violation was so severe as to warrant federal intervention under Title 42 U.S.C Section 1983 - which allows for civil action against anyone who deprives others of their constitutional rights under color of law - despite traditionally being reserved for cases involving racial discrimination or other similarly egregious violations.

In the dissenting opinion for Allee v. Medrano, Justice Rehnquist argued that the majority's decision to uphold an injunction against Texas law enforcement officials was based on a misinterpretation of federal jurisdiction and overstepped its bounds by intervening in state affairs. He contended that there were no grounds for federal intervention as it was not proven beyond doubt that state courts would be unable or unwilling to protect constitutional rights. Furthermore, he criticized the broad scope of the injunction issued by District Court which restrained all Texas peace officers from enforcing certain laws statewide. This, according to him, amounted to unwarranted interference with normal operations of state government and exceeded necessary measures required in this case.