In the 1947 case of Cole et al. v. Arkansas, the U.S Supreme Court ruled in favor of five petitioners who were convicted for violating an Arkansas statute that prohibited "any parade or procession on any highway or public premises" without a permit. The defendants argued their First Amendment rights to freedom of speech and assembly had been violated by this law as they were not informed about which part of the statute they allegedly violated until after their conviction was upheld by the state supreme court. The U.S Supreme Court unanimously agreed with them, stating that due process requires individuals be given fair notice about what conduct is forbidden before being prosecuted for it. The court held that since these men weren't told specifically how they broke the law until after their convictions, there was no way for them to mount an effective defense during trial - thus violating their constitutional right to due process under Fourteenth Amendment.

In the dissenting opinion for Cole et al. v. Arkansas, Justice Hugo Black argued that the majority's decision violated the defendants' Fourteenth Amendment rights to due process of law by affirming their convictions without providing them with adequate notice of what they were being charged with. He contended that it was unconstitutional for a state to convict someone based on an indictment or information which does not sufficiently inform them about why they are being prosecuted, as this prevents them from preparing an effective defense and subjects them to surprise at trial. In his view, the charges against these defendants were so vague and indefinite that they did not meet constitutional standards for definiteness and certainty in criminal prosecutions.