In the case of United States ex rel. John Turner v. Williams, 1903, the U.S Supreme Court upheld a decision to deport British citizen John Turner due to his anarchist beliefs and activities. The court ruled that Congress had broad power over immigration policy and could lawfully exclude or expel non-citizens from the country based on their political beliefs or affiliations. This was in line with an 1891 act which allowed for deportation of any immigrant who became a public charge within one year after arrival due to causes existing prior to landing at port of entry into America; this was extended by an Act in 1903 which included anarchists as grounds for exclusion and expulsion from America. The ruling emphasized that such decisions were not subject to judicial review unless there was a gross abuse of power.

In the dissenting opinion for United States ex rel. John Turner v. Williams, Justice Harlan argued that the deportation of Turner violated his constitutional rights to free speech and due process under the First and Fifth Amendments. He contended that while Congress has broad power over immigration, it cannot infringe upon fundamental liberties in exercising this authority. The law used to deport Turner was based on his political beliefs (anarchism), which he expressed through nonviolent means such as speeches and publications; thus, according to Harlan, it constituted an unlawful restraint on freedom of expression. Furthermore, he asserted that by denying Turner a trial before ordering his expulsion from the country - despite him having resided there for several years - the government had denied him due process of law.