In Gebardi v. United States, the Supreme Court ruled in 1932 that a woman who voluntarily crossed state lines for illegal sexual activities could not be prosecuted under the Mann Act of 1910. The case involved two individuals, Antonio Gebardi and Clara Bell Smith, who had traveled from Illinois to Missouri with mutual consent to engage in extramarital sex. They were charged under the Mann Act which made it a federal crime to transport women across state lines "for any immoral purpose". However, they argued that Congress did not intend for this law to apply when both parties willingly participated in such acts. The court agreed with their argument stating that while Mr. Gebardi's actions fell within what was intended by Congress when passing the act; Ms. Smith’s participation as a willing partner didn't make her liable for prosecution under this law because she wasn’t actively participating in her own transportation but merely acquiescing or consenting to it.

In the dissenting opinion for Gebardi v. United States, Justice Stone argued that Congress intended to punish both parties involved in a consensual crime when it enacted the Mann Act. He disagreed with the majority's interpretation of legislative intent and believed that there was no reason to assume Congress did not intend to prosecute women who willingly participated in their own transportation across state lines for immoral purposes. According to Justice Stone, if lawmakers had wanted to exclude such individuals from prosecution, they would have explicitly stated so in the legislation. Therefore, he contended that any woman who actively participates or consents should be held accountable under law just as much as those transporting them.