In the Bounds v. Smith case of 1976, the U.S. Supreme Court ruled that state prisons are constitutionally required to assist inmates in preparing and filing legal papers, either through providing access to a law library or trained legal assistance. The decision was based on the principle that prisoners have a constitutional right of meaningful access to courts under the Fourteenth Amendment's due process clause. This ruling came about when North Carolina prison inmate, Jackie Lee Smith filed suit against state correctional officials for denying him and other inmates necessary legal resources such as research facilities or assistance from persons trained in law. The court held that while states had discretion over how they provided this help (law libraries or professional assistance), failure to provide any form of adequate legal aid constituted an infringement on prisoners' rights.

In the Bounds v. Smith case, Justice Rehnquist dissented from the majority opinion. He argued that while prisoners have a constitutional right to access courts, it does not necessarily mean they are entitled to law libraries or legal assistance within prisons. He contended that there was no historical precedent for such an entitlement and warned against judicial overreach in creating new rights not explicitly stated in the Constitution. Furthermore, he expressed concern about potential financial burdens on states required to provide these resources and questioned whether this would significantly improve inmates' ability to present their cases effectively. Ultimately, he believed that ensuring basic court access sufficed without mandating specific means of legal aid inside correctional facilities.