The U.S. Supreme Court case Division 1287, Amalgamated Association of Street, Electric Railway & Motor Coach Employees of America et al. v. Missouri in 1962 revolved around the issue of whether a state could constitutionally prohibit public employees from striking and engaging in collective bargaining activities. The court ruled that states have the right to ban strikes by public employees as it is within their power to ensure uninterrupted provision of essential services for its citizens such as transportation provided by streetcar operators or bus drivers who were part of the plaintiff union in this case. However, on the matter concerning prohibition against collective bargaining activities, the court held that while states can regulate these activities they cannot completely deny them because doing so would infrive upon First Amendment rights which protect freedom of speech and association among others.

In the dissenting opinion for Division 1287, Amalgamated Association of Street, Electric Railway & Motor Coach Employees of America et al. v. Missouri (1962), Justice Douglas argued that the state's interest in maintaining a peaceful labor environment did not justify infringing on workers' First Amendment rights to free speech and assembly. He contended that striking was a legitimate form of protest protected by these constitutional guarantees and should not be suppressed simply because it might cause inconvenience or disruption. Furthermore, he disagreed with the majority's assertion that unions were coercive organizations whose activities needed to be regulated for public safety reasons; instead, he saw them as vital democratic institutions representing working people's interests against powerful corporate entities. In his view, restricting their ability to strike undermined this crucial function and threatened fundamental civil liberties.