In the case of Sarno et al. v. Illinois Crime Investigating Commission, 1971, the petitioners were subpoenaed by the Illinois Crime Investigating Commission to testify about their knowledge and involvement in organized crime activities within the state. The petitioners refused to comply with these subpoenas on grounds that they would be self-incriminating themselves in violation of their Fifth Amendment rights. They also argued that public hearings held by a legislative committee could potentially prejudice future jury pools if criminal charges were brought against them later based on this testimony. The Supreme Court ruled against Sarno and his co-petitioners, stating that states have a right to investigate potential crimes through legislative committees as long as those investigations do not infringe upon an individual's constitutional rights. The court found no evidence of such infringement here because witnesses before legislative committees are protected from prosecution for any crimes they may admit during their testimony unless it is perjury or refusal to answer questions under immunity.

In the dissenting opinion for Sarno et al. v. Illinois Crime Investigating Commission, Justice Douglas argued that the majority's decision violated the petitioners' Fifth Amendment rights against self-incrimination and their First Amendment rights to free speech and association. He contended that compelling individuals to testify about alleged criminal activities before a legislative committee was akin to forcing them into being witnesses against themselves in violation of their constitutional protections. Furthermore, he believed this could potentially infrive on their right to freely associate by deterring participation in certain groups due to fear of subsequent compelled testimony. Douglas also criticized the majority's reliance on past cases where immunity had been granted as justification for upholding compulsory testimonies, arguing these were not applicable since they involved judicial proceedings rather than legislative investigations.