In the 1922 case of People of the State of New York ex rel. Doyle et al. v. Atwell, Acting Chief of Police of the City Of Mount Vernon, et al., a group led by Doyle challenged their arrests for violating an ordinance in Mount Vernon, New York that prohibited public meetings without a permit from local police authorities. The plaintiffs argued that this law violated their First Amendment rights to free speech and assembly as well as Fourteenth Amendment protections against deprivation of liberty without due process. However, the Supreme Court upheld their convictions on appeal stating that such regulations were within reasonable bounds set by municipalities to maintain order and safety in public spaces.

In the dissenting opinion for People of the State of New York ex rel. Doyle et al. v. Atwell, Acting Chief of Police of the City of Mount Vernon, et al., Justice Holmes disagreed with the majority's decision to uphold a law that allowed police officers to arrest individuals without a warrant if they had reasonable cause to believe that person was involved in illegal gambling activities. He argued that this law violated an individual's Fourth Amendment rights against unreasonable searches and seizures because it gave too much discretion to police officers and did not require them to obtain a warrant before making an arrest based on suspicion alone. Furthermore, he contended that such arrests could be made arbitrarily or discriminatorily due to lack of oversight or checks on police power under this law.