In the case of City of Greenwood v. Peacock et al., 1965, a group of civil rights activists were arrested in Mississippi for breaching peace and disobeying police orders during their protest against racial segregation. The defendants removed their cases to federal court under a Reconstruction-era statute that allowed such removals when defendants believed they would not receive fair trials due to prejudice in state courts. However, the Supreme Court ruled against them stating that this law was intended only for situations where state officials were denying individuals their federally protected rights; it did not apply when private citizens were accused of violating state laws. Therefore, the Court held that these criminal prosecutions should have remained within the jurisdiction of Mississippi's courts rather than being transferred to federal court.

In the dissenting opinion for City of Greenwood v. Peacock et al., Justice Douglas argued that federal courts should have jurisdiction over civil rights cases, even if they involve state law violations. He believed that the majority's decision to remand these cases back to state courts could potentially expose civil rights activists to hostile local environments and biased judicial systems. Douglas also disagreed with the majority's interpretation of Section 1443, a Reconstruction-era statute designed to protect African Americans from discriminatory state laws. He contended that this provision was intended as a broad safeguard against racial discrimination in any form, not just in instances where equal protection under law is denied by states' actions or legislation.