The Jenkins v. McKeithen case in 1968 involved a challenge to the constitutionality of Louisiana's Labor-Management Commission of Inquiry, which was created to investigate potential criminal activity within labor unions. The plaintiffs argued that the commission violated their Fifth and Fourteenth Amendment rights because it could publicly accuse individuals of crimes without providing them with a fair trial or due process protections. The U.S Supreme Court ruled in favor of the plaintiffs, finding that the commission did indeed violate constitutional rights by acting as an accusatory body rather than an investigatory one. This decision underscored the importance of due process protections even when dealing with alleged criminal activities within organizations like labor unions.

In the dissenting opinion for Jenkins v. McKeithen, Justice Douglas argued that the Louisiana statute in question was unconstitutional because it violated due process rights and infringed on First Amendment freedoms. He contended that the state's investigatory commission had too much power to publicly accuse individuals of criminal conduct without providing them a fair opportunity to defend themselves before an impartial tribunal. This public accusation could lead to significant harm and damage to reputation, even if they were later acquitted in court. Furthermore, he believed that this kind of investigation could have a chilling effect on free speech and association by intimidating people into silence or conformity out of fear of being accused by the commission. Therefore, he disagreed with the majority's decision upholding this law.