haig
agee
argued
january
decided
june
respondent
american
citizen
former
employee
central
intelligence
agency
announced
campaign
expose
cia
officers
agents
take
measures
necessary
drive
countries
operating
engaged
activities
abroad
resulted
identifications
alleged
undercover
cia
agents
intelligence
sources
foreign
countries
activities
secretary
state
revoked
respondent
passport
explaining
revocation
based
regulation
authorizing
revocation
passport
secretary
determines
american
citizen
activities
abroad
causing
likely
cause
serious
damage
national
security
foreign
policy
notice
also
advised
respondent
right
administrative
hearing
respondent
filed
suit
secretary
federal
district
seeking
declaratory
injunctive
relief
alleging
regulation
invoked
secretary
authorized
congress
impermissibly
overbroad
passport
revocation
violated
respondent
freedom
travel
first
amendment
right
criticize
government
policies
failure
accord
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hearing
violated
fifth
amendment
right
procedural
due
process
granting
summary
judgment
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ordering
secretary
restore
respondent
passport
district
held
regulation
exceeded
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power
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act
authorizes
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grant
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countries
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representatives
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president
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either
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practice
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held
act
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passport
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policy
announced
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regulation
policy
sufficiently
substantial
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compel
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congress
approved
regulation
constitutional
applied
pp
although
act
express
terms
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passport
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passport
application
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limit
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specified
statutes
respondent
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may
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passport
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ground
pp
light
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fact
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policy
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security
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intent
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construction
prior
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passport
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president
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withhold
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security
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policy
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hostilities
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danger
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interpretation
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forth
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pp
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kent
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protection
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beliefs
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alone
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officials
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security
pp
light
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language
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permits
revocation
passport
cases
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likelihood
serious
damage
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security
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policy
respondent
constitutional
claims
without
merit
right
hold
passport
subordinate
national
security
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policy
considerations
subject
reasonable
governmental
regulation
assuming
arguendo
first
amendment
protections
reach
beyond
national
boundaries
respondent
first
amendment
claim
without
foundation
see
near
minnesota
ex
rel
olson
extent
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passport
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inhibit
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speech
record
case
government
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hold
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since
substantial
likelihood
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damage
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security
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policy
result
passport
holder
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may
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process
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statement
reasons
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postrevocation
hearing
pp
burger
delivered
opinion
stewart
white
blackmun
powell
rehnquist
stevens
joined
blackmun
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
marshall
joined
post
solicitor
general
mccree
argued
cause
petitioner
briefs
assistant
attorney
general
daniel
deputy
solicitor
general
geller
andrew
levander
leonard
schaitman
michael
hertz
william
lake
melvin
wulf
argued
cause
filed
brief
respondent
chief
justice
burger
delivered
opinion
question
presented
whether
president
acting
secretary
state
authority
revoke
passport
ground
holder
activities
foreign
countries
causing
likely
cause
serious
damage
national
security
foreign
policy
philip
agee
american
citizen
currently
resides
west
germany
employed
central
intelligence
agency
held
key
positions
division
agency
responsible
covert
intelligence
gathering
foreign
countries
course
duties
agency
agee
received
training
clandestine
operations
including
methods
used
protect
identities
intelligence
employees
sources
overseas
served
undercover
assignments
abroad
came
know
many
government
employees
persons
supplying
information
relationships
many
people
government
highly
confidential
many
still
engaged
intelligence
gathering
agee
called
press
conference
london
announce
campaign
fight
cia
wherever
operating
declared
intent
expose
cia
officers
agents
take
measures
necessary
drive
countries
operating
since
agee
assertion
devoted
consistent
effort
program
traveled
extensively
countries
order
carry
identify
cia
personnel
particular
country
agee
goes
target
country
consults
sources
local
diplomatic
circles
knows
prior
service
government
recruits
collaborators
trains
clandestine
techniques
designed
expose
cover
cia
employees
sources
agee
collaborators
repeatedly
publicly
identified
individuals
organizations
located
foreign
countries
undercover
cia
agents
employees
sources
record
reveals
identifications
divulge
classified
information
violate
agee
express
contract
make
public
statements
agency
matters
without
prior
clearance
agency
prejudiced
ability
obtain
intelligence
followed
episodes
violence
persons
organizations
identified
december
secretary
state
revoked
agee
passport
delivered
explanatory
notice
agee
west
germany
notice
part
department
action
predicated
upon
determination
made
secretary
provisions
cfr
section
activities
abroad
causing
likely
cause
serious
damage
national
security
foreign
policy
reasons
secretary
determination
summary
follows
since
early
stated
intention
conduct
continuous
campaign
disrupt
intelligence
operations
carrying
campaign
travelled
various
countries
including
among
others
mexico
kingdom
denmark
jamaica
cuba
germany
activities
countries
caused
serious
damage
national
security
foreign
policy
stated
intention
continue
activities
threatens
additional
damage
kind
agee
filed
suit
secretary
alleged
regulation
invoked
secretary
cfr
authorized
congress
invalid
regulation
impermissibly
overbroad
revocation
prior
hearing
violated
fifth
amendment
right
procedural
due
process
revocation
violated
fifth
amendment
liberty
interest
right
travel
first
amendment
right
criticize
government
policies
sought
declaratory
injunctive
relief
moved
summary
judgment
question
authority
promulgate
regulation
constitutional
claims
purposes
motion
agee
conceded
secretary
factual
averments
claim
agee
activities
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damage
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security
foreign
policy
district
held
regulation
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powers
secretary
passport
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judgment
agee
ordered
secretary
restore
passport
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vance
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dc
divided
panel
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muskie
app
held
secretary
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either
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delegation
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approval
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practice
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rusk
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authority
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one
case
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passport
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since
promulgated
five
instances
prior
passports
actually
denied
even
arguably
national
security
foreign
policy
reasons
app
appeals
took
note
secretary
reliance
series
statutes
regulations
proclamations
orders
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opinions
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consider
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congressional
assent
inaction
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imposition
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assertion
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appeals
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agee
conduct
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border
treason
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bound
law
find
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regarded
material
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authorities
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powers
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branch
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war
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emergency
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house
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relations
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privy
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security
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secretary
state
believe
reliance
fundamentally
misplaced
instead
departed
express
holdings
decisions
dissent
respondent
philip
agee
citizen
residing
west
germany
former
employee
current
critic
central
intelligence
agency
cia
respondent
writes
speaks
extensively
clandestine
intelligence
operations
stated
goal
disrupting
cia
part
activity
apparently
involves
identification
undercover
personnel
situated
throughout
world
december
consul
general
hamburg
west
germany
delivered
letter
respondent
notifying
passport
revoked
pursuant
cfr
regulation
combination
cfr
permits
revocation
passport
secretary
determines
national
activities
abroad
causing
likely
cause
serious
damage
national
security
foreign
policy
agee
declined
follow
administrative
procedures
available
attack
revocation
instead
brought
action
district
district
columbia
declaratory
injunctive
relief
secretary
state
purposes
summary
judgment
facial
validity
regulations
respondent
conceded
causing
likely
cause
serious
damage
national
security
foreign
policy
therefore
fell
within
coverage
regulations
agee
muskie
app
app
argued
inter
alia
congress
given
secretary
state
authority
promulgate
regulations
passport
revoked
district
agee
vance
supp
appeals
district
columbia
circuit
accepted
argument
granted
respondent
relief
requested
ii
complicated
case
twice
articulated
proper
mode
analysis
determining
whether
congress
delegated
executive
branch
authority
deny
passport
passport
act
zemel
rusk
kent
dulles
analysis
hardly
confusing
expect
faithfully
applied
today
judgment
affirm
decision
kent
dulles
supra
reviewed
challenge
regulation
secretary
denying
passports
applicants
alleged
communist
beliefs
associations
refusals
file
affidavits
concerning
present
past
membership
communist
party
observing
right
travel
country
important
personal
right
included
within
liberty
guaranteed
fifth
amendment
stated
infringement
liberty
pursuant
functions
congress
delegations
executive
branch
curtail
liberty
must
construed
narrowly
passport
act
statute
issue
expressly
authorize
denial
passports
alleged
communists
examined
cases
actual
passport
refusals
secretary
determine
whether
fairly
argued
category
passport
refusals
adopted
congress
light
prior
administrative
practice
unable
find
prior
administrative
practice
therefore
held
regulation
unauthorized
zemel
rusk
supra
issue
whether
secretary
restrict
travel
citizens
cuba
holding
expressly
approved
holding
kent
held
kent
dulles
supra
reaffirm
today
act
must
take
content
history
authorizes
passport
refusals
restrictions
fairly
argued
adopted
congress
light
prior
administrative
practice
kent
dulles
supra
limited
act
constitute
invalid
delegation
kent
zemel
dispute
passport
act
expressly
authorize
secretary
revoke
agee
passport
ante
therefore
sole
remaining
inquiry
whether
exists
regard
sort
passport
revocation
involved
administrative
practice
sufficiently
substantial
consistent
warrant
conclusion
congress
implicitly
approved
zemel
rusk
supra
emphasis
added
today
citing
page
zemel
applies
test
markedly
different
zemel
kent
fact
expressly
disavowed
latter
hold
policy
announced
challenged
regulations
sufficiently
substantial
consistent
compel
conclusion
congress
approved
see
zemel
ante
emphasis
added
also
observes
consistent
administrative
construction
passport
act
must
followed
courts
unless
compelling
indications
wrong
ante
emphasis
added
clearly
neither
zemel
kent
holds
longstanding
executive
policy
construction
sufficient
proof
congress
implicitly
authorized
secretary
action
cases
hold
administrative
practice
must
demonstrated
fact
kent
unequivocally
mere
construction
executive
matter
longstanding
consistent
sufficient
passage
kent
worthy
full
quotation
act
predecessor
large
body
precedents
grew
repeat
issuance
passports
discretionary
act
part
secretary
state
scholars
courts
chief
executive
attorneys
general
said
executive
construction
enough
said
warrant
inference
congress
adopted
see
allen
grand
central
aircraft
key
problem
shall
see
manner
secretary
discretion
exercised
bare
fact
discretion
footnotes
omitted
emphasis
added
ignore
requirement
executive
discretion
supported
consistent
administrative
practice
also
relies
executive
construction
policy
deemed
irrelevant
kent
thus
noting
president
secretary
state
consistently
construed
passport
act
preserve
authority
withhold
passports
national
security
foreign
policy
grounds
ante
reaches
hold
congress
adopted
longstanding
administrative
construction
statute
ante
quotes
opinions
attorneys
general
kent
expressly
cited
opinions
examples
executive
constructions
relevant
determination
whether
congress
implicitly
approved
secretary
exercise
authority
compare
ante
kent
dulles
similarly
relies
four
executive
orders
issued
buttress
position
even
though
kent
expressly
cited
four
orders
examples
executive
constructions
inapposite
proper
inquiry
compare
ante
kent
dulles
supra
kent
discounted
constructions
act
made
scholars
courts
chief
executive
attorneys
general
today
decides
case
basis
constructions
evident
unbroken
line
executive
orders
regulations
instructions
consular
officials
notices
passport
holders
compare
ante
kent
dulles
supra
footnotes
omitted
reliance
material
expressly
abjured
kent
becomes
understandable
one
appreciates
paucity
recorded
administrative
practice
evidence
upon
kent
zemel
permit
reliance
respect
passport
denials
revocations
based
foreign
policy
national
security
considerations
relating
individual
identifies
three
occasions
past
years
secretary
revoked
passports
reasons
ante
one
cases
involved
revocation
pursuant
regulations
challenged
case
yet
alone
americans
traveling
abroad
dept
commerce
bureau
census
statistical
abstract
light
record
somewhat
defensively
comments
secretary
construed
applied
regulations
consistently
anomalous
fault
government
occasions
exercise
announced
policy
practice
turn
kent
head
say
simply
situations
involving
conduct
record
executive
lacks
authority
deal
problem
encountered
ante
course
one
faulting
government
occasions
seen
fit
deny
revoke
passports
foreign
policy
national
security
reasons
point
kent
zemel
make
today
opinion
make
executive
authority
revoke
passports
touches
area
fraught
important
constitutional
rights
therefore
construe
narrowly
delegated
powers
curtail
dilute
kent
dulles
supra
presumption
congress
must
expressly
delegate
authority
secretary
deny
revoke
passports
foreign
policy
national
security
reasons
may
exercise
authority
overcome
presumption
implied
delegation
government
must
show
administrative
practice
sufficiently
substantial
consistent
zemel
rusk
way
satisfy
congress
implicitly
approved
exercise
authority
secretary
iii
suspect
case
prime
example
adage
bad
facts
make
bad
law
philip
agee
hardly
model
representative
nation
executive
branch
attempted
use
one
means
disposal
revocation
passport
stop
respondent
damaging
statements
constitution
protects
popular
unpopular
speech
likewise
protects
popular
unpopular
travelers
important
remember
decision
applies
philip
agee
whose
activities
perceived
harming
national
security
also
citizens
may
merely
disagree
government
foreign
policy
express
views
constitution
allocates
lawmaking
function
congress
fear
today
decision
handed
much
function
executive
permitting
secretary
stop
unpopular
traveler
critic
cia
professes
rely
fact
departs
two
precedents
passport
regulation
area
zemel
kent
course
always
easier
fit
oneself
within
safe
stare
decisis
boldly
overrule
precedents
several
decades
standing
find
unable
reconcile
cases
decision
case
however
disagree
sub
silentio
overruling
cases
dissent
letter
stated
pertinent
part
department
action
predicated
upon
determination
made
secretary
provisions
section
activities
abroad
causing
likely
cause
serious
damage
national
security
foreign
policy
reasons
secretary
determination
summary
follows
since
early
stated
intention
conduct
continuous
campaign
disrupt
intelligence
operations
carrying
campaign
travelled
various
countries
including
among
others
mexico
kingdom
denmark
jamaica
cuba
germany
activities
countries
caused
serious
damage
national
security
foreign
policy
stated
intention
continue
activities
threatens
additional
damage
kind
quoted
agee
muskie
app
title
cfr
allows
revocation
restriction
limitation
passport
national
entitled
issuance
new
passport
pursuant
cfr
purposes
case
denial
revocation
passport
treated
identically
passport
act
supp
iv
pertinent
part
secretary
state
may
grant
issue
passports
cause
passports
granted
issued
verified
foreign
countries
diplomatic
representatives
rules
president
shall
designate
prescribe
behalf
person
shall
grant
issue
verify
passports
lower
courts
trouble
understanding
following
holdings
kent
zemel
see
lynd
rusk
app
woodward
rogers
supp
dc
summarily
aff
app
instance
petitioner
cites
rule
promulgated
executive
branch
providing
secretary
state
right
discretion
refuse
issue
passport
exercise
right
towards
anyone
reason
believe
desires
passport
unlawful
improper
purpose
moore
digest
international
law
brief
petitioner
statement
hardly
thought
communicate
congress
contours
executive
discretion
indeed
little
embellishment
passport
legislation
contrast
kent
today
relies
executive
orders
promulgated
passage
passport
act
compare
ante
kent
dulles
even
correct
use
administrative
constructions
passport
legislation
means
certain
executive
construe
acts
give
discretion
alleged
since
sometimes
referred
unqualified
rights
citizens
passports
see
op
atty
op
atty
indeed
state
department
sought
legislation
congress
provide
sort
authority
exercised
case
see
sess
hearings
senate
committee
foreign
relations
see
also
sess
hardly
suggests
executive
thought
authority
appeals
identified
total
six
denials
revocations
arguably
foreign
policy
national
security
reasons
app
two
six
occurred
prior
passage
passport
act
three
one
past
years
judge
mackinnon
dissenting
opinion
petitioner
brief
identify
cases
however
petitioner
readily
admits
passport
files
maintained
name
rather
category
applicant
reason
disposition
virtually
impossible
compile
comprehensive
statistical
data
regarding
passport
denials
national
security
foreign
policy
grounds
brief
petitioner
excerpt
petitioner
portion
oral
argument
particularly
revealing
question
general
mccree
supposing
person
right
apply
passport
go
salvador
asked
purpose
journey
say
denounce
policy
salvador
supporting
junta
secretary
state
says
issue
passport
purpose
think
consistently
light
previous
cases
mccree
say
yes
vest
president
secretary
state
working
charged
conducting
foreign
policy
nation
freedom
speech
enjoy
domestically
may
different
exercise
context
tr
oral
arg
conclude
regulation
invalid
unlawful
exercise
authority
secretary
passport
act
need
decide
important
constitutional
issues
presented
case
however
several
parts
whirlwind
treatment
agee
constitutional
claims
merit
comment
either
extreme
oversimplifications
constitutional
doctrine
mistaken
views
law
facts
case
first
extent
revocation
passport
operates
inhibit
agee
inhibition
action
rather
speech
agee
free
criticize
government
held
passport
always
subject
course
express
limits
certain
rights
virtue
contract
government
ante
omitted
respondent
argues
revocation
passport
intended
harass
penalize
deter
criticism
policies
practices
violation
first
amendment
brief
respondent
answers
agee
disclosures
among
things
declared
purpose
obstructing
intelligence
operations
recruiting
intelligence
personnel
clearly
protected
constitution
ante
second
purports
agree
district
holding
agee
lacks
standing
contend
regulation
vague
conduct
falls
within
core
regulation
ante
find
untenable
conclusion
record
us
precedents
district
nowhere
held
respondent
lacked
standing
contend
vagueness
overbreadth
pages
cited
judge
gesell
stated
client
conceding
falls
within
core
objective
regulation
fact
may
somebody
else
persuasive
tr
obviously
holding
judge
gesell
never
mention
vagueness
portions
transcript
clearly
establish
judge
gesell
expressly
declined
reach
agee
overbreadth
claim
purposes
summary
judgment
motion
claim
reserved
future
consideration
event
strange
indeed
suggest
individual
whose
activities
admittedly
fall
within
core
challenged
regulation
standing
argue
overbreadth
purpose
overbreadth
doctrine
first
amendment
cases
precisely
permit
person
falls
within
legislation
nevertheless
challenge
wide
sweep
legislation
affects
another
protected
activity
see
gooding
wilson
nothing
parker
levy
case
cited
detracts
doctrine
concludes
agee
standing
raise
vagueness
overbreadth
claims
decide
question
whether
challenged
regulation
constitutionally
infirm
doctrines
say
substantial
issues
highlighted
particularly
solicitor
general
comments
oral
argument
reach
regulations
see
supra