The U.S. Supreme Court case Johnson v. Avery (1968) dealt with the issue of prisoners' rights to access legal assistance while incarcerated. The petitioner, Robert George Avery, was a Tennessee state prisoner who had been assisting other inmates in preparing habeas corpus petitions without charging any fees for his services. However, prison officials stopped him from doing so citing a regulation that prohibited inmates from aiding each other legally unless they were parties to the same litigation or had similar interests therein. Avery challenged this prohibition as unconstitutional and filed suit against James E. Johnson, Commissioner of Correction for Tennessee among others on grounds that it violated his Fourteenth Amendment right to due process and equal protection under law by denying him access to courts. The Supreme Court ruled in favor of Avery stating that states must provide some form of legal assistance to illiterate or poorly educated prisoners unable themselves adequately comprehend or prepare writs required for post-conviction relief proceedings if such aid is not otherwise available through alternate means like public defenders or organizations providing free legal services.

In the dissenting opinion for Johnson v. Avery, Justice Harlan argued that the majority's decision to allow inmates to assist each other in preparing legal documents was misguided and could potentially lead to disorder within prisons. He contended that this ruling would undermine prison administration by encouraging a system where untrained and possibly manipulative inmates have significant influence over others' legal affairs. Furthermore, he expressed concern about potential abuses of power among inmate "jailhouse lawyers." Harlan also disagreed with the majority's interpretation of constitutional rights; while acknowledging prisoners' right to access courts, he did not believe it extended so far as requiring prison authorities to permit inmate assistance in every case. Instead, he suggested alternative solutions such as expanding law library facilities or providing professional legal aid services.