In the case of Braswell v. United States, Randy Braswell was charged with fraudulent activities related to his businesses, which were incorporated under state law. The Supreme Court had to decide whether or not the Fifth Amendment's protection against self-incrimination could be applied when a custodian of corporate records is compelled to produce those documents. In an 8-1 decision, the court ruled that it did not violate the Fifth Amendment for a sole proprietorship owner like Braswell to be forced by subpoena to turn over potentially incriminating business records because corporations are considered separate legal entities from their owners and therefore do not have personal constitutional rights such as protection against self-incrimination.

In the dissenting opinion for Braswell v. United States, Justice Brennan argued that compelling Randy Braswell to produce corporate documents violated his Fifth Amendment right against self-incrimination. He contended that the majority's decision ignored the personal nature of this constitutional protection and allowed an individual to be penalized for refusing to incriminate himself simply because he conducted business in a collective form. Furthermore, he criticized the majority's reliance on previous cases involving partnerships or sole proprietorships as these did not involve corporations where individuals have distinct legal identities from their businesses. Justice Brennan also expressed concern about potential abuses of power by prosecutors who could use this ruling to circumvent an individual’s rights under the guise of a collective entity doctrine.