In the case of Jones v. Opelika, 1941, the U.S. Supreme Court upheld an Alabama ordinance that required religious groups to purchase a license in order to solicit funds or distribute literature within city limits. The Jehovah's Witnesses challenged this law on First Amendment grounds arguing it violated their rights to free speech and freedom of religion by imposing a financial burden on their ability to proselytize. However, the court ruled against them with Justice Stone writing for the majority stating that such regulations were permissible as long as they did not discriminate between different religions and were aimed at maintaining public order rather than suppressing certain beliefs. This decision was later overruled in Murdock v Pennsylvania (1943), where similar ordinances were struck down as unconstitutional restrictions on free exercise of religion.

In the dissenting opinion for Jones v. Opelika, Justice Hugo Black argued that the majority's decision to uphold a city ordinance requiring religious groups to pay a license tax in order to distribute literature was an infringement on First Amendment rights. He contended that this ruling allowed local governments too much power over freedom of speech and religion, potentially leading to censorship or suppression of certain beliefs. Furthermore, he believed it contradicted previous Supreme Court decisions which had established protection for these fundamental freedoms against state interference. Justice Black emphasized his belief in absolute adherence to constitutional principles regardless of individual case circumstances; thus arguing any law infringing upon free exercise of religion is unconstitutional per se.