In the 1970 case Organization for a Better Austin et al. v. Keefe, the U.S Supreme Court ruled in favor of free speech over privacy rights. The dispute began when an organization distributed leaflets in Westchester, Illinois to protest against a real estate broker's alleged racial steering practices - encouraging white homeowners to sell their homes due to fear of people from different races moving into the neighborhood. The broker sought and obtained an injunction on grounds that his privacy was being invaded by these activities which were occurring outside his local area where he did business but not where he lived or voted. However, upon reaching the Supreme Court, it was held that barring distribution of such leaflets infringed upon First Amendment rights as they were partaking in peaceful and truthful public discussion without invading substantial privacy interests.

In the dissenting opinion for Organization for a Better Austin et al. v. Keefe, Justice Black argued that the majority's decision to uphold an injunction against peaceful distribution of informational leaflets was in direct violation of First Amendment rights. He contended that this ruling would set a dangerous precedent by allowing courts to suppress free speech based on its potential impact on privacy, rather than any actual harm caused or laws broken. Furthermore, he expressed concern over the court's interpretation of "privacy," suggesting it could be used as a tool to silence criticism and stifle public debate under the guise of protecting individuals from unwanted attention or embarrassment. In his view, such broad interpretations could lead to censorship and undermine democratic principles.