In the case of American Committee for Protection of Foreign Born v. Subversive Activities Control Board, 1964, the Supreme Court upheld a ruling that required organizations to register as "Communist-action" groups under the Subversive Activities Control Act of 1950. The American Committee for Protection of Foreign Born (ACPFB) was ordered by the Subversive Activities Control Board to register due to its alleged ties with Communist activities. ACPFB challenged this order arguing it violated their First Amendment rights and that there wasn't substantial evidence supporting their classification as a communist group. However, in an 8-1 decision, Justice Hugo Black dissenting, the court ruled against ACPFB stating that they failed to exhaust all administrative remedies before seeking judicial review and thus affirmed SACB's registration order.

In the dissenting opinion for American Committee for Protection of Foreign Born v. Subversive Activities Control Board, Justice William O. Douglas argued that the majority's decision violated the First Amendment rights of free speech and association. He contended that labeling an organization as 'subversive' based on its political beliefs or affiliations was unconstitutional, likening it to a form of governmental censorship. Furthermore, he expressed concern over how this ruling could potentially be used to suppress unpopular ideas or minority viewpoints in society under the guise of national security interests. In his view, such actions were not only unjust but also detrimental to democratic principles and values which encourage open debate and diversity in thought.