In the case of National Association for the Advancement of Colored People v. Alabama ex rel. Patterson, 1958, the Supreme Court ruled in favor of the NAACP by asserting that Alabama's demand for lists of NAACP members violated their Fourteenth Amendment rights to freedom of assembly and association without fear from public scrutiny. The state had sought these lists as part of its attempt to prevent the organization from conducting business within its borders, arguing that it was a foreign corporation failing to comply with local laws. However, this unanimous decision by Justice John Marshall Harlan II held that revealing membership could deter individuals' participation due to fears about potential retaliation or social ostracism; thus infringing on their constitutional rights.

The dissenting opinion in the case of NAACP v. Alabama argued that the state had a legitimate interest in requiring the NAACP to disclose its membership list as part of its qualification process for doing business within Alabama. The justice believed that this requirement was not an infringement on First Amendment rights, but rather a reasonable regulation by the state to ensure compliance with local laws and regulations. They contended that states have broad powers to regulate corporations operating within their borders, including those involved in civil rights activities like the NAACP. Furthermore, they suggested there was no substantial evidence showing members would face significant threats or harassment if their names were disclosed, thus questioning whether such disclosure truly posed a deterrent effect on freedom of association.