In the 1967 case of Whitehill v. Elkins, the Supreme Court ruled in favor of a University of Maryland student who was expelled for refusing to answer questions about his political beliefs and affiliations during an investigation into alleged Communist activities on campus. The court held that the university's actions violated the student's First Amendment rights to freedom of speech and association, as well as his Fifth Amendment right against self-incrimination. This decision reinforced constitutional protections for students' political expression on college campuses.

In the dissenting opinion for Whitehill v. Elkins, Justice Black argued that the University of Maryland's loyalty oath requirement was a violation of First Amendment rights to freedom of speech and association. He contended that such oaths were inherently coercive and served as a form of prior restraint on free expression, chilling open discussion and debate. Furthermore, he asserted that these oaths could be used arbitrarily or discriminatorily against individuals based on their political beliefs or affiliations. Justice Black also took issue with the majority's reliance on cases involving public employees to justify upholding the university's policy, arguing that students should not be treated in the same manner as government workers when it comes to constitutional protections.