In the case of Johnson et al. v. Mississippi et al., 1974, the U.S Supreme Court ruled that a state could not require public school students to salute the flag or recite the Pledge of Allegiance if it was against their religious beliefs. The plaintiffs were Jehovah's Witnesses who argued that these requirements violated their First Amendment rights to freedom of speech and religion. They contended that being forced to participate in such patriotic rituals amounted to a form of compelled speech and government endorsement of a particular religious viewpoint, which is prohibited by the Establishment Clause. The court agreed with them, stating that while patriotism is an important value for citizens, it cannot be enforced at the expense of individual constitutional rights.

In the dissenting opinion for Johnson et al. v. Mississippi et al., Justice Brennan, joined by Justices Douglas and Marshall, argued that the majority's decision to uphold a conviction based on evidence obtained through an unlawful search was in direct violation of the Fourth Amendment rights of citizens against unreasonable searches and seizures. They contended that this ruling effectively allowed law enforcement officers to bypass constitutional protections with impunity, thereby undermining civil liberties. The dissenters also expressed concern about potential racial bias in how these laws were enforced, noting that African Americans were disproportionately targeted by such practices. Furthermore, they criticized the majority's reliance on "good faith" exceptions as a justification for upholding unlawfully obtained evidence; arguing it could be easily manipulated or misused by authorities acting in bad faith.