In the 1969 case of Jones v. State Board of Education of Tennessee, African American teacher Rita Sanders Geier filed a lawsuit against the state for operating a dual system of higher education for black and white students. She argued that this was in violation of the Civil Rights Act and Equal Protection Clause. The Supreme Court agreed with her argument, ruling that it was unconstitutional to maintain separate university systems based on race. This led to significant changes in Tennessee's higher education system, including increased funding for historically black colleges and universities (HBCUs) as well as efforts to desegregate traditionally white institutions.

In the dissenting opinion for Jones v. State Board of Education of Tennessee, it was argued that the majority's decision to uphold a state law requiring teachers to swear an oath not advocating overthrowing the government by force or violence was misguided. The dissenters believed this requirement violated First Amendment rights and could potentially deter qualified individuals from pursuing teaching careers due to fear of potential legal consequences if they were perceived as violating their oaths. They also expressed concern about how broadly "advocacy" could be interpreted under such laws, arguing that it might encompass more than just explicit calls for violent revolution but also any criticism or questioning of government actions or policies which is essential in a democratic society. Furthermore, they pointed out that there were already existing laws against treason and sedition which made such additional measures unnecessary and redundant.