aptheker secretary state argued april decided june appellants citizens residents ranking officials communist party hearings state department regulations appellants passports revoked subversive activities control act provides communist organization registered final order register shall unlawful member knowledge notice thereof apply use passport appellants filed suit asking declared unconstitutional violation due process clause fifth amendment secretary state ordered issue passports district denied relief held section unconstitutional face broadly indiscriminately transgresses liberty guaranteed fifth amendment pp right travel home abroad important aspect liberty citizen deprived without due process law kent dulles followed existing laws denial passport effectively prohibits travel anywhere world outside western hemisphere though underlying purpose protection national security attainment end realized unduly infringing upon constitutional freedoms pp section applies every member organization whether believes knows associated organization organization seeks aims world communism pp also irrelevant member degree activity commitment organization purposes section creates irrebuttable presumption members communist organizations engage activities endangering security given passports proscription applies regardless traveler purpose destination pp congress chosen less drastic means achieving national security objective without sweeping abridgment liberty pp section held constitutional applied appellants construction require substantial rewriting statute inject element vagueness scope since freedom travel closely akin freedom speech association appellants required demonstrate congress written statute constitutionally prohibiting travel pp john abt joseph forer argued cause filed briefs appellants abram chayes argued cause appellee brief solicitor general cox assistant attorney general yeagley bruce terris kevin maroney lee anderson thomas ehrlich osmond fraenkel filed brief american civil liberties union amicus curiae urging reversal justice goldberg delivered opinion appeal involves single question constitutionality subversive activities control act stat section provides pertinent part communist organization registered effect final order board requiring organization register shall unlawful member organization knowledge notice organization registered order become final make application passport renewal passport issued renewed authority use attempt use passport appellants requested received hearings review revocations passports respective hearing examiners concluded department state reason believe appellants within purview section subversive activities control act result thereof use passport violation law basis conclusion examiners recommended passport revocations sustained appellants appealed board passport appeals recommended affirmance revocations secretary state subsequently approved recommendations board secretary stated relied solely evidence record basis decision specifically adopted board finding fact material times appellants members communist party knowledge notice organization required register communist organization subversive activities control act district convened review constitutional question rejected appellants contentions sustained constitutionality control act granted secretary motion summary judgment supp concluded enactment congress section prohibits plaintiffs obtaining passports long members organization case communist party final order register attorney general valid exercise power congress protect preserve government threat posed world communist movement regulatory scheme bears reasonable relation thereto appellants attack face applied unconstitutional deprivation liberty guaranteed bill rights government conceding right travel protected fifth amendment contends due process clause prevent reasonable regulation liberty reasonable regulation relation danger world communist movement presents national security alternatively government argues whether denial passports members communist party might deemed reasonably related national security surely section reasonable applied party leaders involved hold reasons stated control act broadly indiscriminately restricts right travel thereby abridges liberty guaranteed fifth amendment kent dulles declared right travel abroad important aspect citizen liberty guaranteed due process clause fifth amendment stated right travel part liberty citizen deprived without due process law fifth amendment freedom movement across frontiers either direction inside frontiers well part heritage travel abroad like travel within country may close heart individual choice eats wears reads freedom movement basic scheme values wholly speculative foreshadow whether conditions member party may future apply passport seek government employment alien become party naturalization denaturalization proceeding none things may happen appropriate administrative judicial procedures available test constitutionality applications particular sections act particular persons particular situations nothing justifies previsioning issues emphasis added substantiality restrictions doubted denial passport given existing domestic foreign laws severe restriction upon effect prohibition foreign travel present laws regulations make crime citizen travel outside western hemisphere cuba without passport plain import control act effectively prohibits travel anywhere world outside western hemisphere members communist organization including organizations restrictive effect legislation emphasizing government seems member registering organization recapture freedom travel simply good faith abandoning membership organization since freedom association guaranteed first amendment restrictions imposed upon right travel dismissed asserting right travel fully exercised individual first yield membership given association although previous cases involved constitutionality statutory restrictions upon right travel abroad principles test whether restrictions imposed consistent liberty guaranteed fifth amendment familiar basic principle recently reaffirmed naacp alabama governmental purpose control prevent activities constitutionally subject state regulation may achieved means sweep unnecessarily broadly thereby invade area protected freedoms see naacp button louisiana ex rel gremillion naacp shelton tucker schware board bar examiners martin struthers cantwell connecticut schneider state applying principle naacp alabama supra referred criteria enunciated shelton tucker supra ven though governmental purpose legitimate substantial purpose pursued means broadly stifle fundamental personal liberties end narrowly achieved breadth legislative abridgment must viewed light less drastic means achieving basic purpose section provides member communist organization registered ordered register commits crime attempts use obtain passport section applies members act knowledge notice organization final registration order notice specifically defined section provides publication federal register fact registration issuance final registration order shall constitute notice members organization order become final thus terms apply whether member actually knows believes associated deemed organization section also applies whether one knows believes associated organization operating aims world communist movement establish communist totalitarian dictatorship countries throughout world stat provision therefore sweeps within prohibition knowing unknowing members related contexts occasion consider substantiality relationship individual group fact membership group made sole criterion limiting individual freedom wieman updegraff held due process guarantee constitution violated state attempt bar disloyal individuals employ excluded persons solely basis organizational memberships without regard knowledge concerning organizations belonged concluded indiscriminate classification innocent knowing activity must fall assertion arbitrary power section also renders irrelevant member degree activity organization commitment purpose factors like knowledge bear likelihood travel person attended type activity congress sought control elsewhere noted men adhering political party organization notoriously subscribe unqualifiedly platforms asserted principles cf schneiderman vein schware board bar examiners stated even ssuming members communist party illegal aims engaged illegal activities automatically inferred members shared evil purposes participated illegal conduct section however establishes irrebuttable presumption individuals members specified organizations given passports engage activities inimical security addition absence criteria linking bare fact membership individual knowledge activity commitment also excludes considerations might closely relate denial passports stated purpose legislation prohibition applies regardless purposes individual wishes travel statute crime notified member registered organization apply passport travel abroad visit sick relative receive medical treatment wholly innocent purpose determining whether abridgment fifth amendment guarantee liberty must recognize danger punishing member communist organization adherence lawful constitutionally protected purposes unprotected purposes necessarily share noto scales addition must noted applies member regardless areas wishes travel result notified member registered organization apply passport visit relative ireland read rare manuscripts bodleian library oxford university applicant guilty crime whereas travel canada latin america carry criminal activities directed free prohibitive reach determining constitutionality also important consider congress within power less drastic means achieving congressional objective safeguarding national security shelton tucker federal employee loyalty program joint refugee comm mcgrath provides example executive order membership communist organization considered conclusive one factor weighed determining loyalty applicant employee relevant note less month decision kent dulles supra president eisenhower sent message congress stating limitations right travel tolerated terms overriding requirements national security must subject substantive procedural guaranties message president issuance passports doc sess cong rec legislation president proposed make membership communist organization without disqualification obtaining passport sess irrespective views validity proposals demonstrate conviction executive branch national security adequately protected means compared discriminately tailored constitutional liberties individuals view foregoing considerations compel conclusion control act unconstitutional face section judged plain import substantive evil congress sought control sweeps widely indiscriminately across liberty guaranteed fifth amendment prohibition travel supported tenuous relationship bare fact organizational membership activity congress sought proscribe broad enveloping prohibition indiscriminately excludes plainly relevant considerations individual knowledge activity commitment purposes places travel section therefore patently regulation narrowly drawn prevent supposed evil cf cantwell connecticut yet elsewhere precision must touchstone legislation affecting basic freedoms naacp button ii government alternatively urges sustained face prohibition nevertheless held constitutional applied particular appellants government argues surely section reasonable applied party leaders involved disputed appellants leaders appellant aptheker editor political affairs theoretical organ party country appellant flynn chairman party must remembered lthough often strain construe legislation save constitutional attack must carry point perverting purpose statute judicially rewriting scales supra put matter another way consider abstract question whether congress might enacted valid statute instead must ask whether statute congress enact permissibly bear construction rendering free constitutional defects clarity preciseness provision question make impossible narrow indiscriminately cast overly broad scope without substantial rewriting situation different cases national dairy products called upon consider content allegedly vague statutory language contrast attempt construe statute probe recesses core constitutionality inject element vagueness statute scope application plain words thus become uncertain meaning courts proceeded basis separate constitutional unconstitutional areas coverage course proper desirable dealing section severely curtails personal liberty since case involves personal liberty protected bill rights believe proper approach legislation curtailing liberty must adopted naacp button thornhill alabama naacp button stated appraising statute inhibitory effect upon rights hesitated take account possible applications statute factual contexts besides bar thornhill alabama winters new york cf staub city baxley objectionable quality vagueness overbreadth depend upon absence fair notice criminally accused upon unchanneled delegation legislative powers upon danger tolerating area first amendment freedoms existence penal statute susceptible sweeping improper application cf marcus search warrant freedoms delicate vulnerable well supremely precious society threat sanctions may deter exercise almost potently actual application sanctions accused arrest conviction statute face unconstitutionally abridging freedom speech sustain burden demonstrating state constitutionally written different specific statute covering activities disclosed charge evidence introduced accordingly judgment district reversed cause remanded proceedings conformity opinion reversed remanded footnotes section provides organization registered effect final order board requiring organization register organization shall unlawful officer employee issue passport renew passport individual knowing reason believe individual member organization criminal penalties violations specified act provides pertinent part individual violates provision section title shall upon conviction thereof punished violation fine imprisonment five years fine imprisonment stat appellants question hearings afforded procedural due process law cf greene mcelroy complaint alleged unconstitutional abridgement plaintiff freedoms speech press assembly violation first amendment penalty imposed plaintiff without judicial trial therefore bill attainder violation article section constitution deprivation plaintiff right trial jury required fifth sixth amendments article iii section clause constitution imposition cruel unusual punishment violation eighth amendment disposition case makes unnecessary review contentions bolling sharpe stated although assumed define liberty great precision term confined mere freedom bodily restraint liberty law extends full range conduct individual free pursue restricted except proper governmental objective see note supra brotherhood railroad trainmen virginia state bar gibson florida legislative investigation naacp button louisiana ex rel gremillion naacp shelton tucker bates city little rock naacp alabama ex rel patterson schneider state purpose act stated stat congress found generally stated exists world communist movement whose purpose treachery deceit infiltration espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship countries throughout world medium communist organization congress concluded stated communist organization world communist movement present danger security danger requiring legislative action congressional purpose adopting specifically stated due nature scope world communist movement existence affiliated constituent elements working toward common objectives various countries world travel communist members representatives agents country country facilitates communication prerequisite carrying activities purposes communist movement provision question government admits limited adopting interpretation analogous interpretation membership clause smith act scales smith act imposes criminal penalties membership interpreted include active members also guilty knowledge intent membership clause case however explicitly required defendant must knowledge organization illegal advocacy requirement intimately connected construction limiting membership active members regard control act however government concedes neither words history section suggests limiting application active members denying appellants passports secretary state made finding purposes traveling abroad statute noted supports secretary implicit conclusion finding irrelevant appellants however respective complaints stated purposes appellant aptheker alleged desires travel countries europe elsewhere study recreation observe social political economic conditions abroad thereafter write publish teach lecture country observations also desires travel abroad order attend meetings learned societies fulfill invitations lecture abroad appellant flynn alleged desires travel countries europe elsewhere recreation study observe social political economic conditions abroad thereafter write publish lecture observations abridgment liberty involved case drastic distinguishable involved american communications assn douds douds upheld national labor relations act amended act stat conditions access facilities national labor relations board upon submission affidavits officers union although requirement undoubtedly discouraged unions choosing officers communist affiliations prohibit election affect basic individual rights work union membership assistant attorney general peyton ford expressed congress views department justice regard proposed government loyalty bill predicated conclusive presumption disloyalty fact organizational membership ford said world difference exists standpoint sound policy constitutional validity making bill membership organization designated attorney general felony recognizing membership employee loyalty program executive order merely one piece evidence pointing possible disloyalty bill brand member listed organization felon matter innocent membership loyalty program enables member respond charges show manner consistent american concepts justice fairness membership innocent reflect upon loyalty appear therefore necessary even constitutionally possible add existing law regulations present time penal statute proposed bill foregoing comments represent considered views department mind duty attorney general protect rights individuals guaranteed constitution well protect government subversion hearings house committee activities government recognizes however membership even leadership communist party automatically crime brief petitioner petition writ certiorari communist party cert denied appellants alleged purposes traveling see note supra see freund pp note harv rev note rev opinion secretary state government officers exposed risk criminal penalties violating issuing passport member registered organization subsequently found person whose travel contrary belief government officer constitutionally prohibited justice black concurring section subversive activities control act makes felony member communist organization apply use attempt use passport travel abroad concur holding section act unconstitutional ground due process clause fifth amendment standing alone confers people constitutional liberty travel abroad without reference constitutional provisions congress judgment broad powers regulate issuance passports specific power regulate commerce foreign nations due process clauses fifth fourteenth amendments mean however neither secretary state government agent deny people country liberty travel liberty anything else except accordance law land declared constitution valid laws made pursuant reasons stated dissenting opinion communist party subversive activities control board think whole act including valid law sets comprehensive statutory plan violates federal constitution constitutes bill attainder art constitution forbids congress pass penalizes punishes appellants restricts liberty legislative administrative subversives effect traitors country without giving benefit trial according due process requires trial jury independent judge indictment accordance procedural protections fourth fifth sixth amendments denies appellants freedom speech press association first amendment guarantees subversive activities control act supposed designed protect nation internal security case offers another appropriate occasion point framers thought agree best way promote internal security people protect first amendment freedoms speech press religion assembly take away liberty groups whose views people detest without jeopardizing liberty others whose views though popular today may detested tomorrow justice douglas concurring join opinion add words indicate think basic reach problem us noted kent dulles freedom movement internally abroad deeply engrained history suppose communist indigent barred traveling interstate think communist anyone else right communist certainly crime traveling may increase likelihood illegal events happening alive think right move freely state state privilege immunity national citizenship see edwards california none barred exercising though anyone uses occasion commit crime course punished right remains sacrosanct illegal conduct punishable free movement citizen course dangerous tyrant free expression ideas right assembly therefore controlled countries interests security riding boxcars carries extreme penalties communist lands ticketing people use identification papers routine matters totalitarian regimes yet abhorrent freedom movement home abroad important job business opportunities cultural political social activities commingling gregarious man enjoys right free movement use times mischievous purposes true many liberties enjoy nevertheless place faith restraint knowing risk abusing liberty give rise punishable conduct part price pay free society freedom movement kin right assembly right association rights may abridged de jonge oregon naacp alabama illegal conduct within purview crime constitutional sense war may occasion serious curtailment liberty absent war see way keep citizen traveling within without country unless power detain ex parte endo authority detain exists except extreme conditions unless convicted crime unless probable cause issuing warrant arrest standards fourth amendment freedom movement essence free society setting us apart like right assembly right association often makes rights meaningful knowing studying arguing exploring conversing observing even thinking right travel curtailed rights suffer curfew home detention placed person america course sovereign sovereignty woven international web makes one family nations ties continents close commercially well culturally concerns planetary beyond sunrises sunsets citizenship implicates us problems perplexities well domestic ones exercise enjoy citizenship world perspective without right travel abroad see constitutional way curb unless said power detain justice clark justice harlan joins justice white joins part dissenting refuses consider constitutionality subversive activities control act applied appellants case elizabeth gurley flynn chairman communist party herbert aptheker editor party theoretical organ political affairs instead declares section invalid face fifth amendment contrary practice said raines foundation power federal courts declare acts congress unconstitutional lies power duty courts decide cases controversies properly made patent first case exercising power gravest delicate duty called perform holmes blodgett holden marbury madison cranch case federal courts jurisdiction pronounce statute either state void irreconcilable constitution except called upon adjudge legal rights litigants actual controversies exercise jurisdiction bound two rules rigidly adhered one never anticipate question constitutional law advance necessity deciding never formulate rule constitutional law broader required precise facts applied liverpool new york philadelphia commissioners emigration kindred rules rule one application statute constitutional heard attack statute ground impliedly might also taken applying persons situations application might unconstitutional wurzbach heald district columbia yazoo mississippi valley jackson vinegar collins texas new york ex rel hatch reardon cf voeller neilston warehouse carmichael southern coal coke virginian system federation blackmer roberts schaefer emmerson jeffrey mfg blagg tyler judges registration ashwander tva concurring opinion connection also note approach vagueness governing case like different followed cases arising first amendment concerned vagueness statute face cases also consider statute light conduct applied applied prosecution communist party top dignitaries section clearly constitutional objections finds language congress makes section applicable whether member party actually knows believes associated deemed organization whether one knows believes associated organization operating aims world communist movement establish communist totalitarian dictatorship countries throughout world let us discuss objections seriatim finding attack flynn active participating continuous member communist party active party affairs organization indeed still one principal officials likewise finding attack aptheker aptheker makes quite clear words member communist party since proud association whatever aims goals party record shows flynn aptheker witnesses behalf party registration proceeding resulted party ordered register organization communist party subversive activities control board addition flynn convicted smith act see flynn view circumstances one say truth appellants know associated organization fact neither appellant claims lack notice knowledge requirements section knowledge communist party involved world communist movement aimed establishing totalitarian communist dictatorship countries throughout world congress made specific findings subversive activities control act statute hearing held petitioners testified party communist control act communist party fact instrumentality conspiracy overthrow government stat policies programs communist party secretly prescribed foreign leaders world communist movement ibid control communist dictatorship foreign country whose purpose establish communist totalitarian dictatorship countries throughout world stat accomplished action organizations various countries seek overthrow existing governments available means findings congress like examiner attack binding communist party control board supra said courts validity legislative findings reject see harisiades shaughnessy product extensive investigation committees congress decade half cf nebbia new york certainly dismiss unfounded irrational imaginings see galvan press american communications assn douds escape says section sweeps within prohibition knowing unknowing members unknowing members us neither appellant contests findings irrational imaginings member party might wish visit relative ireland read rare manuscripts bodleian library oxford university party claim asserted soon enough test situation comes ii believe section invalid face right travel abroad part liberty protected fifth amendment due process clause prohibit reasonable regulation life liberty property restriction reasonably related national security said barenblatt congress wide power legislate field communist activity country conduct appropriate investigations aid thereof hardly debatable existence power never questioned last analysis power rests right ultimate value society dennis remedy adopted congress reasonably tailored accomplish purpose may true every member party endanger national security traveling abroad communist party member worthy trust since party secret conspiratorial organization subject rigid discipline moscow congress merely determined wise take risk foreign travel communists entailed fact persons class may engage harmful conduct make classification invalid westfall north american securities exchange american communications assn douds schneiderman indicated congress might exclude communists entering country hawker new york upheld state statute preventing felons practicing medicine similarly aliens may barred operating pool halls clarke deckebach onerous burdens found placed union officers whose organization enjoying privileges national labor relations act barred offices livelihood regard communist party members american communications assn douds supra likewise approved action congress authorizing deportation aliens members party harisiades shaughnessy galvan press also upheld vesting power attorney general hold communist party members without bail pending determination deportability carlson landon realm state power maryland permitted require candidates take oath engaged attempt overthrow government force violence gerende board supervisors los angeles allowed require employees take oath penalty discharge garner board public works new york exercised similar powers public school employees approval adler board education permitted discharge teachers security agency employees refused answer questions concerning communist affiliations beilan board public education lerner casey california illinois permitted deny admission practice law applicants refused answer questions communist affiliations konigsberg state bar anastaplo subscribe loose generalization individual guilt may conclusively presumed membership party one consider matter isolation must relate subject matter involved legislative findings upon action based true scales found intention congress smith act reach active members also guilty knowledge intent criminal prosecution smith act course carried stricter standards addition requirement laid scales held constitutional mandate merely interpreting criminal statute directly prohibits membership organizations come within terms act prohibit membership merely restricts members field congress found danger security wieman updegraff cited majority apposite case dealt oath based membership organizations attorney general list subversive groups act condemned employee member listed organization regardless whether actually knew organization listed furthermore statute proscribed past membership listed organizations proof actual membership necessary notice registration entry final order directing registration act required finally member party avoid act sanctions terminating membership possible wieman appellants also depend adler board education upheld statute rebuttable presumption members party supported communist objectives hold opportunity rebut constitutionally required circumstances case even adler control evidence congress danger national security strength warranted denial passports much less onerous disability loss employment reasons affirm justice white joins section dissent reasons stated therein affirm judgment proceeding led order subversive activities control board directing communist party register board heard evidence present leaders communist party traveled soviet union party business indoctrinated trained communist strategy policies acted couriers communist parties two countries