Kent v. Dulles

Summary

The Court held that the passport statutes did not authorize the Secretary of State to deny passports to citizens based solely on Communist beliefs, associations, or refusal to provide an affidavit about Communist Party membership. Because the statutes did not clearly delegate such authority to restrict the constitutionally protected right to travel, the Court reversed without reaching the constitutional challenges. Justice Clark, dissenting, would have upheld the Secretary’s authority based on statutory text and legislative history indicating power to restrict travel for national-security reasons.