In the case of Spence et al. v. North Carolina, 1967, the U.S Supreme Court ruled in favor of a group of Jehovah's Witnesses who were convicted for refusing to send their children to public schools and instead providing them with religious education at home or within their community. The court held that this was an infringement on their First Amendment rights which protect freedom of religion and speech. The state argued that compulsory attendance laws were necessary for maintaining social order and ensuring all children receive adequate education but the court disagreed stating these interests did not outweigh constitutional protections for religious freedom. This decision affirmed parents' right to control their child’s upbringing according to their beliefs while also emphasizing states cannot force individuals into accepting certain educational practices contrary to those beliefs.

In the dissenting opinion for Spence et al. v. North Carolina, Justice Harlan argued that the majority's decision to overturn Spence's conviction was misguided and could potentially lead to a weakening of state laws regarding obscenity. He contended that the Court had overstepped its bounds by substituting its judgment for that of local authorities who were more familiar with community standards and norms. Furthermore, he believed there was sufficient evidence in this case to uphold Spence's conviction under North Carolina law, which prohibited distribution of obscene material harmful to minors. The justice also expressed concern about potential implications on First Amendment rights if states are not allowed discretion in determining what constitutes obscenity within their jurisdictions.