In the 1962 case of Cleary v. Bolger, the United States Supreme Court dealt with a dispute over an inheritance. The decedent had left her estate to several religious and charitable organizations in Ireland, but her niece challenged this decision on the grounds that it violated U.S. policy against foreign entities owning American property during times of war or national emergency (the Alien Property Act). However, at the time of death there was no such situation present which would have activated this law. Therefore, the court ruled in favor of upholding the will as written by its testator and allowed for distribution to these Irish entities despite their foreign status.

In the dissenting opinion for Cleary v. Bolger, it was argued that the majority's decision to uphold a state law prohibiting picketing near a school violated First Amendment rights of free speech and assembly. The dissenters believed that peaceful picketing is an essential part of democratic society and should be protected under the Constitution, even if it occurs in close proximity to a school. They contended that there was no compelling evidence showing such activities would disrupt or harm students' education, therefore they saw no justification for limiting this fundamental right in this context. Furthermore, they expressed concern about potential misuse of such laws by authorities seeking to suppress unpopular views or protests.