In the 1994 case of Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (GLIB), the U.S. Supreme Court ruled in favor of the South Boston Allied War Veterans Council, a group organizing a St. Patrick's Day parade in Boston. GLIB had applied to march as an identifiable unit in the parade but was denied by the council on grounds that their participation would conflict with its message about traditional Irish heritage and military service veterans' contributions. The Massachusetts State Court initially sided with GLIB under state anti-discrimination laws; however, upon reaching federal level, it was decided that forcing inclusion would violate First Amendment rights to freedom of speech for private citizens organizing public demonstrations - essentially ruling that organizers have control over their event’s expressive content.

In the dissenting opinion for Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1994), Justice Souter argued that Massachusetts' public accommodations law did not violate the First Amendment rights of parade organizers because it did not compel them to express any message they disagreed with. He contended that allowing a gay group to march under its own banner would not imply endorsement by the veterans' council organizing the event, but merely reflect their compliance with state anti-discrimination laws. The majority's decision, he believed, could potentially undermine many other civil rights protections if private groups could claim exemptions based on free speech grounds. Furthermore, he suggested that this case was more about conduct than speech - specifically discriminatory exclusion from a public event - which should be subject to regulation in order to promote equality and diversity.