In the case of Saxbe, Attorney General, et al. v. Bustos et al., 1974, the U.S Supreme Court dealt with a challenge to an immigration law that allowed for deportation of non-citizens who were members of communist organizations within five years after their entry into the United States. The respondents in this case were Mexican nationals who had been ordered deported due to their membership in such an organization but claimed that they did not know it was a communist group when they joined and left once they found out about its nature. The court ruled against them stating that ignorance or mistake about the character of an organization is no defense under this statute unless there is evidence showing lack of knowledge coupled with absence of grounds for suspicion and failure to make any inquiry where circumstances demand it. It also held that even if one leaves such an organization upon learning its true character does not absolve him from being deportable under this law as long as he was a member within five years after his entry into America.

In the dissenting opinion for SAXBE, ATTORNEY GENERAL, et al. v. BUSTOS et al., Justice Douglas argued that the majority's decision to uphold a law allowing deportation of non-citizens based on their political beliefs was unconstitutional and violated basic principles of free speech and association. He contended that this ruling could potentially lead to abuses of power by government officials who might use it as a tool against those with differing political views or affiliations. Furthermore, he expressed concern about the chilling effect such legislation could have on open discourse in society at large - particularly among immigrant communities who may fear retribution for expressing their opinions freely.