In the case of Smith et al. v. Arkansas State Highway Employees, Local 1315, et al., the U.S Supreme Court ruled in favor of the state of Arkansas in 1978. The dispute arose when a local union representing non-supervisory employees at the Arkansas State Highway Department sought to use an internal mail system for communication purposes with its members who were also department employees. However, their request was denied by highway officials on grounds that it violated existing policy prohibiting such usage by outside organizations. The union filed suit alleging violation of First and Fourteenth Amendment rights but both District Court and Court of Appeals upheld the decision made by highway officials stating no constitutional rights had been infringed upon as there existed alternative means for communication available to them like private mail services or home visits etcetera which did not involve using state resources.

In the dissenting opinion for Smith et al. v. Arkansas State Highway Employees, Local 1315, et al., Justice Thurgood Marshall argued that the majority's decision was a departure from established First Amendment principles and precedent regarding public employees' rights to freedom of association and speech. He contended that by upholding an Arkansas statute prohibiting state highway department employees from joining labor unions or engaging in collective bargaining activities, the court had effectively denied these workers their constitutional right to associate freely and express their views on matters of public concern without fear of retaliation. Furthermore, he criticized the majority's reliance on a perceived lack of evidence demonstrating actual harm caused by this prohibition as justification for its ruling; instead asserting that it is not necessary to prove actual injury when fundamental constitutional rights are at stake.