The case of Konigsberg v. State Bar of California in 1956 revolved around the issue of free speech and association as protected by the First Amendment, particularly in relation to membership in the Communist Party. The petitioner, Raphael Konigsberg, was denied admission to the California State Bar on two grounds: his refusal to answer whether he had ever been a member of the Communist Party and allegations that he possessed bad moral character. The Supreme Court ruled against Konigsberg with a 5-4 decision stating that his refusal to answer questions about potential communist affiliations gave reasonable ground for suspicion regarding his loyalty and adherence to law principles necessary for practicing law. Furthermore, it held that there were no constitutional rights violated by requiring applicants for bar admission to reveal their political affiliations or beliefs.

In the dissenting opinion for Konigsberg v. State Bar of California, Justice Hugo Black argued that the majority's decision violated Konigsberg's First Amendment rights. He contended that denying a qualified applicant admission to the bar based on his refusal to answer questions about political affiliations was unconstitutional. Black emphasized that freedom of speech and association are fundamental rights protected by the Constitution, regardless of whether one’s beliefs align with those in power or not. Furthermore, he criticized the majority for allowing states to use their licensing powers as a means to suppress unpopular ideas or associations, which he believed contradicted core principles of American democracy and constitutional law.