In the case of Gunn, Sheriff, et al. v. University Committee to End the War in Vietnam et al., 1969, a group of anti-war protesters at Texas A&M University were arrested by local law enforcement for trespassing after refusing to leave university property during a protest against the Vietnam War. The protesters argued that their First Amendment rights had been violated and sued both the university and local authorities. However, when brought before the Supreme Court, it was ruled that neither party could be held liable as they were acting within their legal authority - with police enforcing state laws on trespassing and public disorderly conduct while universities have discretion over who can access or remain on campus grounds under certain circumstances.

In the dissenting opinion for Gunn v. University Committee to End the War in Vietnam, Justice Douglas argued that the majority's decision was an overreach of federal jurisdiction and a violation of states' rights. He contended that this case should have been handled at a state level rather than being escalated to federal court because it involved local law enforcement officials who were acting under state authority when they arrested anti-war protesters on university property. Furthermore, he believed that there was no substantial federal question or constitutional issue present in this case which would warrant intervention by the Supreme Court. Therefore, he concluded that this ruling set a dangerous precedent for future cases involving conflicts between local authorities and protestors exercising their First Amendment rights.