In Garner et al. v. Louisiana, the U.S. Supreme Court ruled in favor of African American sit-in protesters who had been convicted under a Louisiana state law for disturbing the peace at segregated lunch counters in Baton Rouge, LA during 1960s Civil Rights Movement era. The court unanimously overturned their convictions on grounds that there was insufficient evidence to support charges that they had caused a disturbance or acted disorderly merely by sitting peacefully at "whites only" lunch counters and requesting service - an act which was part of widespread nonviolent protests against racial segregation prevalent across Southern states then. This landmark decision reinforced First Amendment rights to peaceful protest and significantly bolstered civil rights movement's legal fight against racial discrimination.

In the dissenting opinion for Garner et al. v. Louisiana, Justice Whittaker argued that the majority's decision to overturn the convictions of peaceful sit-in protesters was misguided because it failed to consider whether their conduct could be considered "disturbing the peace" under state law. He contended that while he personally disagreed with segregation laws, it was not within his purview as a Supreme Court justice to decide on matters of social policy or public sentiment; rather, his duty was solely to interpret and apply existing legal statutes impartially and without bias. Furthermore, he expressed concern over potential implications of this ruling on property rights and questioned whether individuals should have an absolute right to remain in private establishments against owners' wishes if they were conducting themselves peacefully but contrary to established rules or policies.