In the case of Sanks et al. v. Georgia et al., 1970, a group of African American citizens from Columbus, Georgia filed a lawsuit against state officials alleging racial discrimination in the operation and maintenance of public recreational facilities. The plaintiffs sought an injunction to prevent further discriminatory practices and damages for past discrimination under Title VI of the Civil Rights Act of 1964 and Fourteenth Amendment rights violations. However, both district court and appellate court dismissed their claims stating that they failed to exhaust available administrative remedies before filing suit. The U.S Supreme Court reversed these decisions on appeal, ruling that exhaustion was not necessary because it would be futile given the clear pattern of racial discrimination by local authorities which had been established through previous litigation (Newman v Piggie Park Enterprises). Furthermore, it held that private individuals could sue for enforcement under Title VI without having first pursued administrative remedies as long as there is evidence showing intentional or purposeful discrimination.

In the dissenting opinion for Sanks et al. v. Georgia et al., the justices argued that the majority's decision to uphold a Georgia law prohibiting picketing near courthouses was incorrect and infringed upon First Amendment rights of free speech and assembly. They contended that peaceful picketing is a form of expression protected by the Constitution, regardless of location, unless it directly interferes with court proceedings or poses a threat to public safety. The dissenters believed there was no evidence presented in this case demonstrating such interference or threat, making the restriction unjustified and unconstitutional. Furthermore, they expressed concern about potential misuse of such laws to suppress unpopular views or protests against government actions under guise of maintaining order around courts – an action which would contradict fundamental democratic principles.