In the 1944 case of Bridges v. Wixon, Harry Bridges, an Australian-born labor leader in the United States, faced deportation proceedings initiated by the Immigration and Naturalization Service (INS). The INS alleged that he had been a member of or affiliated with an organization advocating overthrowing the government when he applied for naturalization. However, Bridges argued that his First Amendment rights were violated as his political beliefs were used against him. The Supreme Court ruled in favor of Bridges on grounds that mere membership or affiliation with such organizations was not enough to warrant deportation unless it could be proven beyond reasonable doubt that there was actual advocacy for violent overthrow of government involved. This decision set a precedent emphasizing protection under freedom of speech and association even for non-citizens.

In the dissenting opinion for Bridges v. Wixon, Justice Murphy argued that Harry Bridges should not be deported because his membership in the Communist Party did not prove he was engaged in activities aimed at overthrowing the U.S. government. He believed that mere association with a group labeled as subversive is insufficient grounds for deportation without concrete evidence of illegal activity or intent to engage in such activity on part of the individual concerned. The justice emphasized respect for civil liberties and cautioned against allowing fear and suspicion to override constitutional protections, particularly during times of national stress or crisis like World War II when this case was decided. Furthermore, he criticized majority's interpretation of immigration law as overly broad and potentially damaging to free speech rights.