In the 1970 case of Groppi v. Wisconsin, the United States Supreme Court ruled that a defendant has a constitutional right to be notified of charges against them and given an opportunity to prepare their defense before being tried in absentia. The case involved Father James Groppi, a civil rights activist who was convicted by the Wisconsin State Assembly for contempt after leading protests against housing discrimination. He was not present at his trial nor did he receive prior notice about it. The court held that this violated his Sixth Amendment right to confront witnesses against him and Fourteenth Amendment due process rights because he had no chance to defend himself or cross-examine witnesses.

In the dissenting opinion for Groppi v. Wisconsin, Justice Harlan argued that the majority's decision to extend constitutional protections of change in venue due to pretrial publicity was a misinterpretation of the Sixth Amendment. He contended that this amendment only guarantees an impartial jury and does not explicitly provide a right to change venue if local prejudice exists. Moreover, he believed that it is up to state courts rather than federal ones to decide how best they can ensure fair trials within their jurisdictions. He also expressed concern about potential practical difficulties arising from such changes in trial location, including increased costs and logistical issues related with transporting witnesses and evidence.