In the case of Marshall v. Brucker, Secretary of the Army in 1957, plaintiff George C. Marshall Jr., son of former U.S. Secretary of State and Defense George C. Marshall Sr., sought to prevent the publication and distribution by the Department of Defense (DoD) of a book about his father's career that he believed contained inaccuracies and infringed on his family's privacy rights. The Supreme Court ruled against him, stating that it did not have jurisdiction over this matter as it was an internal issue within a federal agency rather than a constitutional question or violation of law for which relief could be granted through judicial action.

In the dissenting opinion for Marshall v. Brucker, it was argued that the Army had acted beyond its authority by discharging a commissioned officer without providing him with due process of law as required under Article 31 of the Uniform Code of Military Justice. The justice disagreed with the majority's view that this case did not involve any constitutional question and believed instead that it raised significant issues about individual rights versus military authority. He contended that when an officer is discharged in such a manner, he loses not only his position but also his reputation and future career prospects; therefore, he should be entitled to procedural protections before being subjected to such severe consequences. Furthermore, he criticized the majority for deferring too much to military judgment at the expense of civil liberties.