In the case of Potomac News Co. v. United States (1967), the Supreme Court ruled in favor of the government, upholding a law that prohibited selling or displaying obscene material on military bases. The Potomac News Company operated newsstands at several military installations and was charged with violating this law by selling adult magazines deemed as "obscene". The company argued that this violated their First Amendment rights to freedom of speech and press. However, the court held that obscenity is not protected under these constitutional freedoms and affirmed Congress's power to regulate commerce within federal jurisdictions like military bases.

In the dissenting opinion for Potomac News Co. v. United States, the justice argued that the majority's decision to uphold a ban on selling adult magazines on military bases was an overreach of government power and violated First Amendment rights. The justice contended that there was no compelling evidence to suggest these publications had any detrimental effect on discipline or morale among troops, which was used as justification for their prohibition. Furthermore, they believed this ruling set a dangerous precedent by allowing censorship based solely upon subjective judgments about what content is considered "unwholesome" or "indecent." They also pointed out inconsistencies in enforcement; other materials with similar content were not banned from sale at military exchanges. In conclusion, they felt this case represented an unwarranted intrusion into soldiers' personal freedoms without sufficient cause.