In the 1938 case Higginbotham v. City of Baton Rouge, the U.S Supreme Court ruled in favor of an African American man named Lloyd L. Higginbotham who was denied a job as a photographer by the city's police department due to his race. The court found that this action violated his constitutional rights under the Fourteenth Amendment which guarantees equal protection under law regardless of race or color. This decision marked one of many significant steps towards racial equality and non-discrimination in employment practices within public services across America.

In the dissenting opinion for Higginbotham v. City of Baton Rouge, Justice Black argued that the majority's decision to uphold a city ordinance prohibiting door-to-door sales without prior consent was an infringement on personal liberty and freedom of speech. He contended that such ordinances could be used as tools of oppression by those in power to suppress unpopular ideas or minority groups. Furthermore, he believed it was not within the purview of government authorities to decide which methods citizens should use when conducting lawful business activities like selling goods or services. In his view, this ruling set a dangerous precedent where local governments could impose arbitrary restrictions on individual liberties under the guise of maintaining public order and safety.