In the case of Communist Party of the United States v. Subversive Activities Control Board, 1955, the U.S Supreme Court upheld a law requiring communist organizations to register with the government and disclose their members and sources of funding. The Communist Party had argued that this requirement violated its First Amendment rights to free speech and association as well as Fifth Amendment protections against self-incrimination. However, in a 6-2 decision, the court ruled that national security concerns outweighed these constitutional objections given communism's global expansion at that time. The majority opinion held that Congress could constitutionally require registration from groups seeking to overthrow or undermine democratic institutions through force or violence. This ruling marked an important moment during America's Cold War era Red Scare when anti-communist sentiment was high.

In the dissenting opinion for Communist Party of the United States v. Subversive Activities Control Board, Justice Hugo Black and William O. Douglas argued that the majority's decision violated fundamental principles of free speech and association protected by the First Amendment. They contended that labeling a political party as 'subversive' based on its ideology or beliefs was unconstitutional, regardless of whether those beliefs were popular or unpopular with mainstream society. The justices also expressed concern about potential abuses of power by government agencies tasked with identifying subversive organizations, suggesting such powers could be used to suppress dissent and stifle political debate in violation of democratic norms. Furthermore, they criticized provisions requiring members to register with authorities as an undue burden on individual rights which would have a chilling effect on freedom of expression and association.