In the case of Butler et al. v. Dexter, 1975, the United States Supreme Court addressed a dispute over land ownership in Maine between private parties and the Passamaquoddy Tribe. The tribe claimed that they were entitled to certain lands under an old treaty with Massachusetts (which originally included what is now Maine), but these lands had been sold by Massachusetts to private owners without federal approval - something required for sales involving Native American tribal lands according to the Nonintercourse Act of 1790. The court ruled in favor of the Passamaquoddy Tribe, stating that although Congress had never formally recognized them as a tribe via statute or treaty, their recognition as such by other branches of government was sufficient for them to be considered a tribe under federal law and thus protected by it.

The dissenting opinion in the case of Butler et al. v. Dexter argued that the majority's decision to uphold a state law requiring non-union employees to pay service fees to unions was flawed and infringed on individual rights. The dissenters believed that this requirement violated the First Amendment by forcing individuals who may disagree with union activities or decisions, to financially support them nonetheless. They also contended that it undermined an individual’s freedom not only as a worker but also as a citizen, arguing for greater protection of personal liberties against compulsory financial contributions towards organizations they might fundamentally oppose.