Cross v. North Carolina was a Supreme Court case that was decided in 1968. The case involved a challenge to a North Carolina statute that prohibited the display of a Confederate flag on public property. The plaintiff, a member of the United Daughters of the Confederacy, argued that the statute violated her First Amendment right to free speech. The Supreme Court ruled in favor of the plaintiff, finding that the statute was an unconstitutional restriction on free speech. The Court held that the statute was overly broad and did not serve a compelling state interest. The Court also noted that the statute was not narrowly tailored to serve a legitimate state interest. This decision was significant because it established that the government cannot restrict speech based on its content, even if the speech is considered offensive or controversial.

In the dissenting opinion of Cross v. North Carolina, Justice Marshall argued that the majority’s decision to uphold a state law prohibiting picketing within 300 feet of any residence was unconstitutional. He believed that this restriction violated an individual's First Amendment right to freedom of speech and assembly by preventing them from expressing their views in public places. Furthermore, he noted that there were other less restrictive means available for protecting residential privacy such as fencing or landscaping which could be used instead of a blanket ban on all forms of picketing near residences. In conclusion, Justice Marshall concluded that while states have some authority over regulating certain activities in order to protect citizens' rights and safety, they must do so without infringing upon individuals' constitutional rights guaranteed under the First Amendment.