In the case of American Party of Texas et al. v. White, Secretary of State of Texas (1973), the Supreme Court ruled on a challenge to Texas election laws brought by minor political parties and independent candidates who argued that these laws unfairly favored major party candidates. The plaintiffs claimed that requirements such as early filing deadlines for nominating petitions and high signature thresholds violated their First Amendment rights to free speech and association, as well as their Fourteenth Amendment right to equal protection under the law. The court upheld most aspects of the state's election regulations, finding them necessary for maintaining an orderly electoral process. However, it struck down one provision requiring minor parties to hold precinct conventions on specific dates set by statute because this requirement was found unnecessarily restrictive. Overall, while acknowledging that states have broad powers in regulating elections, this decision also affirmed that they must not unduly burden constitutional rights when doing so.

In the dissenting opinion for American Party of Texas et al. v. White, Justice Thurgood Marshall argued that the majority's decision upheld a set of election laws that unfairly burdened minor political parties in violation of their First and Fourteenth Amendment rights. He contended that these burdensome requirements included excessive signature thresholds for ballot access, early filing deadlines, and prohibitive restrictions on voter eligibility to sign petitions. In his view, these regulations served no compelling state interest but rather stifled political diversity and competition by making it excessively difficult for new or small parties to participate in elections. Furthermore, he criticized the majority's reliance on generalized assumptions about potential voter confusion or fraud without any substantial evidence supporting such concerns.