In the 1961 case of Wood v. Georgia, Sheriff James H. Wood was charged with contempt by a state court for publicly criticizing its handling of a grand jury investigation into alleged gambling activities in his county. The Supreme Court ruled that the sheriff's criticism was protected under the First Amendment right to free speech and overturned his conviction on grounds that it violated this constitutional protection. The Court held that public officials have an obligation to voice their opinions on controversial issues and should not be punished for doing so, especially when such comments are aimed at promoting change in government operations or policies. This decision reinforced the principle of freedom of expression as fundamental to American democracy.

In the dissenting opinion for Wood v. Georgia, Justice Frankfurter argued that the case should not have been heard by the Supreme Court at all because it was a matter of state law and did not present any substantial federal question. He believed that there was no constitutional issue involved in this case since it dealt with a local sheriff's refusal to enforce an order from his county board of commissioners regarding censorship laws on obscene materials. The justice felt that this dispute fell under Georgia's jurisdiction rather than federal authority, as it concerned internal administrative matters within its own government structure. Furthermore, he contended that even if there were some constitutional implications, they would be too insignificant to warrant review by the highest court in the land. Thus, according to Justice Frankfurter’s dissenting view, this case represented an unnecessary intrusion into state affairs by the Supreme Court.