In the case of Louisiana ex rel. Gremillion, Attorney General, et al. v. National Association for the Advancement of Colored People et al., 1960, the U.S Supreme Court ruled in favor of NAACP (National Association for the Advancement of Colored People). The state of Louisiana had passed laws that prohibited organizations from operating if they pursued litigation as a form of achieving their objectives and did not have a license to do so from the state. This law was specifically targeted at NAACP which used legal means to fight against racial discrimination in schools and other public institutions within Louisiana. However, this ruling by Supreme Court declared such laws unconstitutional on grounds that they violated First Amendment rights including freedom speech and assembly as well as Fourteenth Amendment's equal protection clause.

In the dissenting opinion for Louisiana ex rel. Gremillion, Attorney General, et al. v. National Association for the Advancement of Colored People et al., Justice Whittaker disagreed with the majority's ruling that a Louisiana law requiring civil rights organizations to disclose their membership lists was unconstitutional. He argued that there were legitimate state interests in regulating such groups and ensuring they did not engage in subversive activities or incite violence or disorderly conduct. Furthermore, he contended that these potential risks outweighed any infringement on First Amendment rights to freedom of association and privacy in group affiliation.