zemel
rusk
argued
march
decided
may
country
broken
diplomatic
relations
cuba
department
state
eliminated
cuba
area
passports
required
appellant
applied
passport
validated
travel
cuba
satisfy
curiosity
make
better
informed
citizen
request
denied
filed
suit
federal
district
seeking
judgment
declaring
entitled
constitution
laws
travel
cuba
passport
validated
purpose
secretary
state
travel
restrictions
invalid
passport
act
immigration
nationality
act
unconstitutional
addition
prayed
secretary
attorney
general
enjoined
interfering
travel
granted
secretary
motion
summary
judgment
dismissed
action
attorney
general
held
since
complaint
launched
substantial
constitutional
attack
upon
two
federal
statutes
prayed
operation
enjoined
properly
convened
pp
passport
act
grants
authority
executive
refuse
validation
passports
cuban
travel
pp
consistent
interpretation
department
state
authority
impose
area
restrictions
enactment
must
given
weight
courts
construing
statute
pp
congress
enacted
legislation
relating
passports
despite
many
executive
impositions
area
restrictions
left
untouched
broad
authority
granted
passport
act
case
secretary
refusal
based
foreign
policy
considerations
affecting
citizens
distinguished
kent
dulles
passport
denial
based
applicant
political
beliefs
associations
pp
restriction
travel
cuba
abridge
appellant
constitutional
rights
pp
fact
liberty
inhibited
without
due
process
law
mean
circumstances
inhibited
restriction
justified
weightiest
considerations
national
security
pp
failure
validate
appellant
passport
results
inhibition
action
restriction
first
amendment
right
right
speak
publish
carry
unrestrained
right
gather
information
pp
passport
act
contains
sufficiently
definite
standards
action
especially
since
area
foreign
affairs
executive
broad
authority
passport
act
grant
executive
completely
unrestricted
freedom
action
authorizes
passport
restrictions
fairly
argued
adopted
congress
light
prior
administrative
practice
pp
adjudication
reach
constitutionality
immigration
nationality
act
applied
travel
violation
area
restriction
must
await
concrete
factual
situation
pp
leonard
boudin
argued
cause
appellant
briefs
victor
rabinowitz
samuel
gruber
solicitor
general
cox
argued
cause
appellees
brief
assistant
attorney
general
yeagley
daniel
friedman
bruce
terris
kevin
maroney
lee
anderson
edward
ennis
melvin
wulf
filed
brief
american
civil
liberties
union
amicus
curiae
urging
reversal
isidore
englander
joseph
forer
filed
brief
anatol
schlosser
amicus
curiae
chief
justice
warren
delivered
opinion
questions
decision
whether
secretary
state
statutorily
authorized
refuse
validate
passports
citizens
travel
cuba
whether
exercise
authority
constitutionally
permissible
answer
questions
affirmative
prior
passport
required
travel
anywhere
western
hemisphere
january
year
broke
diplomatic
consular
relations
cuba
january
department
state
eliminated
cuba
area
passports
required
declared
outstanding
passports
except
held
persons
already
cuba
invalid
travel
cuba
unless
specifically
endorsed
travel
authority
secretary
state
companion
press
release
stated
department
contemplated
granting
exceptions
persons
whose
travel
may
regarded
best
interests
newsmen
businessmen
previously
established
business
interests
exchange
letters
early
appellant
citizen
holder
otherwise
valid
passport
applied
state
department
passport
validated
travel
cuba
tourist
request
denied
october
renewed
request
stating
purpose
proposed
trip
satisfy
curiosity
state
affairs
cuba
make
better
informed
citizen
request
denied
ground
purpose
trip
meet
previously
prescribed
standards
travel
december
appellant
instituted
suit
secretary
state
attorney
general
district
district
connecticut
seeking
judgment
declaring
entitled
constitution
laws
travel
cuba
passport
validated
purpose
travel
cuba
use
passport
purpose
violate
statute
regulation
passport
restriction
secretary
restrictions
upon
travel
cuba
invalid
passport
act
immigration
nationality
act
unconstitutional
secretary
refusal
grant
passport
valid
cuba
violated
rights
guaranteed
constitution
nations
declaration
human
rights
denial
passport
endorsement
without
formal
hearing
violated
rights
fifth
amendment
complaint
also
requested
secretary
directed
validate
appellant
passport
travel
cuba
secretary
attorney
general
enjoined
interfering
travel
amended
complaint
appellant
added
constitutional
attack
acts
prayer
secretary
attorney
general
enjoined
enforcing
appellant
motion
objection
appellees
convened
summary
judgment
divided
vote
granted
secretary
state
motion
summary
judgment
dismissed
action
attorney
general
supp
postponed
consideration
jurisdictional
question
hearing
case
merits
direct
appeal
district
lies
ed
order
granting
denying
interlocutory
permanent
injunction
civil
action
suit
proceeding
required
act
congress
heard
determined
district
three
judges
thus
must
deal
first
government
contention
improperly
convened
contention
correct
lacks
jurisdiction
appeal
phillips
section
title
code
requires
impanelling
case
relief
sought
interlocutory
permanent
injunction
restraining
enforcement
operation
execution
act
congress
repugnance
constitution
face
appellant
amended
complaint
calling
upon
enjoin
enforcement
passport
act
immigration
nationality
act
ground
statutes
unconstitutional
meets
requirements
solicitor
general
notes
appellant
accorded
full
relief
voiding
secretary
order
true
appellant
argument
either
secretary
order
supported
authority
granted
congress
statutes
granting
authority
unconstitutional
often
held
litigant
need
abandon
nonconstitutional
arguments
order
obtain
joining
complaint
nonconstitutional
attack
along
constitutional
one
dispense
necessity
convene
solicitor
general
apparently
conceding
three
judges
agreed
appellant
fifth
amendment
attack
substantial
cf
kent
dulles
aptheker
secretary
state
argues
reality
attack
upon
administrative
opposed
legislative
policy
therefore
cases
like
phillips
ex
parte
bransford
need
convened
need
evaluate
contention
appellant
complaint
also
attacks
acts
ground
contain
standards
therefore
invalid
delegation
legislative
power
allegation
brushed
aside
attack
upon
actions
secretary
arguing
invalid
delegation
appellant
quite
clearly
assailed
statutes
solicitor
general
therefore
meets
delegation
argument
another
ground
labeling
frivolous
although
accept
appellant
delegation
argument
infra
pp
agree
insubstantial
compel
district
read
complaint
refuse
convene
compare
william
jameson
morgenthau
schneider
rusk
indeed
explicitly
noted
kent
dulles
supra
held
secretary
refusal
issue
passport
petitioner
case
supported
acts
obliged
consider
whether
acts
void
invalid
delegation
complaint
therefore
launches
substantial
constitutional
attack
upon
two
federal
statutes
prays
operation
enjoined
cf
idlewild
liquor
epstein
hold
properly
convened
therefore
jurisdiction
appeal
ii
think
passport
act
stat
ed
embodies
grant
authority
executive
refuse
validate
passports
citizens
travel
cuba
act
provides
pertinent
part
secretary
state
may
grant
issue
passports
rules
president
shall
designate
prescribe
behalf
construction
act
reinforced
state
department
continued
imposition
area
restrictions
times
war
periods
peace
since
period
seven
months
following
outbreak
war
italy
ethiopia
department
declined
issue
passports
travel
ethiopia
except
journalists
red
cross
representatives
others
able
show
compelling
exigency
necessitating
travel
cases
persons
include
ethiopia
applications
reason
mention
applications
adjacent
countries
suspected
intending
travel
therein
passports
stamped
valid
use
ethiopia
iii
hackworth
supra
pp
following
outbreak
spanish
civil
war
passports
stamped
valid
travel
spain
exceptions
newspapermen
persons
furnishing
medical
assistance
similar
restriction
placed
travel
china
august
view
disturbed
situation
far
east
passports
validated
travel
china
exceptional
circumstances
case
women
children
march
president
purporting
act
pursuant
act
specifically
authorized
secretary
impose
area
restrictions
issuance
passports
exec
order
fed
reg
secretary
state
authorized
discretion
refuse
issue
passport
restrict
passport
use
certain
countries
restrict
use
certain
countries
withdraw
cancel
passport
already
issued
withdraw
passport
purpose
restricting
validity
use
certain
countries
area
restrictions
also
imposed
numerous
occasions
since
world
war
ii
travel
yugoslavia
restricted
late
result
series
incidents
involving
american
citizens
dept
state
press
may
travel
hungary
restricted
december
may
december
june
state
department
began
stamp
passports
valid
travel
czechoslovakia
declared
passports
outstanding
time
valid
travel
dept
state
bull
may
department
issued
general
order
new
passports
stamped
valid
travel
albania
bulgaria
communist
china
czechoslovakia
hungary
poland
rumania
soviet
union
october
secretary
announced
passports
longer
require
special
validation
travel
czechoslovakia
hungary
poland
rumania
soviet
union
stamped
invalid
travel
following
areas
control
authorities
diplomatic
relations
albania
bulgaria
portions
china
korea
communist
control
february
restriction
travel
hungary
reimposed
late
passports
brief
period
stamped
invalid
travel
egypt
israel
jordan
syria
even
passport
legislation
enacted
since
act
history
executive
imposition
area
restrictions
well
history
relevance
construction
act
interpretation
expressly
placed
statute
charged
administration
must
given
weight
courts
faced
task
construing
statute
udall
tallman
norwegian
nitrogen
circumstances
congress
failure
repeal
revise
face
administrative
interpretation
held
constitute
persuasive
evidence
interpretation
one
intended
congress
case
however
inference
supported
mere
congressional
inaction
congress
substantially
laws
passed
first
second
world
wars
provided
issuance
presidential
proclamation
war
national
emergency
unlawful
leave
enter
without
valid
passport
section
immigration
nationality
act
stat
solicitor
general
urges
view
issuance
presidential
proclamation
national
emergency
still
outstanding
travel
violation
area
restriction
imposed
otherwise
valid
passport
unlawful
act
correctness
interpretation
question
reach
appeal
see
infra
pp
whether
new
legislation
intended
attach
criminal
penalties
violation
area
restrictions
certainly
meant
cut
back
upon
power
impose
restrictions
despite
years
executive
interpretation
act
authorizing
imposition
area
restrictions
congress
though
enacted
legislation
relating
passports
left
completely
untouched
broad
authority
granted
earlier
act
cf
norwegian
nitrogen
supra
case
therefore
like
kent
dulles
supra
unable
find
regard
sort
passport
refusal
involved
administrative
practice
sufficiently
substantial
consistent
warrant
conclusion
congress
implicitly
approved
appellant
reminds
us
summarizing
secretary
practice
kent
observed
far
material
cases
refusal
passports
generally
fell
two
categories
first
questions
pertinent
citizenship
applicant
allegiance
resolved
secretary
second
question
whether
applicant
participating
illegal
conduct
trying
escape
toils
law
promoting
passport
frauds
otherwise
engaging
conduct
violate
laws
iii
concluded
secretary
state
refusal
validate
appellant
passport
travel
cuba
supported
authority
granted
congress
passport
act
must
next
consider
whether
refusal
abridges
constitutional
right
appellant
although
case
reach
question
whether
act
read
attach
criminal
penalties
travel
area
one
passport
validated
must
approach
constitutional
issues
presented
appeal
candidly
proceed
assumption
secretary
refusal
validate
passport
given
area
acts
deterrent
travel
area
kent
dulles
supra
held
right
travel
part
liberty
citizen
deprived
without
due
process
law
fifth
amendment
see
also
aptheker
secretary
state
supra
however
fact
liberty
inhibited
without
due
process
law
mean
circumstances
inhibited
requirements
due
process
function
extent
governmental
restriction
imposed
also
extent
necessity
restriction
cuba
area
western
hemisphere
controlled
communist
government
moreover
judgment
state
department
major
goal
castro
regime
export
communist
revolution
rest
latin
america
members
organization
american
determined
travel
cuba
countries
western
hemisphere
important
element
spreading
subversion
many
therefore
undertaken
measures
discourage
travel
also
forgotten
early
days
castro
regime
citizens
arrested
imprisoned
without
charges
think
particularly
view
president
statutory
obligation
use
means
amounting
acts
war
may
think
necessary
proper
secure
release
american
citizen
unjustly
deprived
liberty
foreign
government
secretary
justifiably
concluded
travel
cuba
american
citizens
might
involve
nation
dangerous
international
incidents
constitution
require
validate
passports
travel
right
travel
within
course
also
constitutionally
protected
cf
edwards
california
freedom
mean
areas
ravaged
flood
fire
pestilence
quarantined
demonstrated
unlimited
travel
area
directly
materially
interfere
safety
welfare
area
nation
whole
international
travel
restriction
challenged
case
supported
weightiest
considerations
national
security
perhaps
best
pointed
recalling
cuban
missile
crisis
october
preceded
filing
appellant
complaint
less
two
months
appellant
also
asserts
secretary
refusal
validate
passport
travel
cuba
denies
rights
guaranteed
first
amendment
claim
different
raised
kent
dulles
supra
aptheker
secretary
state
supra
refusal
validate
appellant
passport
result
expression
association
part
appellant
forced
choose
membership
organization
freedom
travel
appellant
allegation
rather
travel
ban
direct
interference
first
amendment
rights
citizens
travel
abroad
might
acquaint
first
hand
effects
abroad
government
policies
foreign
domestic
conditions
abroad
might
affect
policies
must
agree
secretary
refusal
validate
passports
cuba
renders
less
wholly
free
flow
information
concerning
country
agree
factor
considered
determining
whether
appellant
denied
due
process
law
accept
contention
appellant
first
amendment
right
involved
extent
secretary
refusal
validate
passports
cuba
acts
inhibition
unrealistic
assume
inhibition
action
restrictions
action
clothed
ingenious
argument
garb
decreased
data
flow
example
prohibition
unauthorized
entry
white
house
diminishes
citizen
opportunities
gather
information
might
find
relevant
opinion
way
country
run
make
entry
white
house
first
amendment
right
right
speak
publish
carry
unrestrained
right
gather
information
finally
appellant
challenges
act
ground
contain
sufficiently
definite
standards
formulation
travel
controls
executive
important
bear
mind
appraising
argument
changeable
explosive
nature
contemporary
international
relations
fact
executive
immediately
privy
information
swiftly
presented
evaluated
acted
upon
legislature
congress
giving
executive
authority
matters
foreign
affairs
must
necessity
paint
brush
broader
customarily
wields
domestic
areas
practically
every
volume
statutes
contains
one
acts
joint
resolutions
congress
authorizing
action
president
respect
subjects
affecting
foreign
relations
either
leave
exercise
power
unrestricted
judgment
provide
standard
far
general
always
considered
requisite
regard
domestic
affairs
iv
appellant
complaint
sought
order
compelling
secretary
state
validate
passport
travel
cuba
also
declaration
appellant
entitled
constitution
laws
travel
cuba
order
enjoining
secretary
attorney
general
interfering
travel
read
context
arguments
appellant
makes
appears
intent
complaint
latter
prayers
considered
event
decided
secretary
lacks
authority
refuse
validate
appellant
passport
cuba
however
complaint
also
read
incorporate
request
even
find
secretary
authority
go
decide
whether
appellant
criminally
prosecuted
immigration
nationality
act
stat
ed
travel
violation
area
restriction
section
provides
proclamation
provided
subsection
made
published
proclamation
force
shall
except
otherwise
provided
president
subject
limitations
exceptions
president
may
authorize
prescribe
unlawful
citizen
depart
enter
attempt
depart
enter
unless
bears
valid
passport
circumstances
courts
properly
make
exceptions
general
rule
equity
interfere
criminal
processes
entertaining
actions
injunction
declaratory
relief
advance
criminal
prosecution
see
evers
dwyer
terrace
thompson
however
declaratory
judgment
act
ed
enabling
act
confers
discretion
courts
rather
absolute
right
upon
litigant
public
serv
wycoff
complaint
filed
case
specify
sort
travel
cuba
appellant
mind
whether
plans
proceed
cuba
directly
travel
via
one
countries
tell
papers
filed
whether
government
event
appellant
journeys
cuba
charge
leaving
carrier
bound
cuba
passport
validated
cuba
leaving
passport
intent
traveling
cuba
returns
home
leaving
passport
journey
fact
takes
cuba
passport
visited
cuba
act
whether
charge
whether
gradations
fact
charge
make
difference
criminal
liability
issue
district
wisely
took
position
avoid
rendering
series
advisory
opinions
adjudication
reach
constitutionality
must
await
concrete
fact
situation
compare
federation
labor
mcadory
district
therefore
correctly
dismissed
complaint
judgment
affirmed
footnotes
florida
lime
growers
jacobsen
see
also
allen
grand
central
aircraft
lee
bickell
sterling
constantin
see
also
douglas
noble
convening
case
surely
coincides
legislative
policy
underlying
passage
legislative
history
complement
indicates
sections
enacted
prevent
single
federal
judge
able
paralyze
totally
operation
entire
regulatory
scheme
either
state
federal
issuance
broad
injunctive
order
repeatedly
emphasized
congressional
debates
heavy
pecuniary
costs
unforeseen
debilitating
interruptions
administration
federal
law
wrought
single
judge
order
great
burdens
entailed
coping
harassing
actions
brought
one
another
challenge
operation
entire
statutory
scheme
wherever
jurisdiction
government
officials
acquired
judge
ultimately
found
grant
desired
injunction
kennedy
appellant
case
challenge
merely
single
unique
exercise
secretary
authority
cf
phillips
supra
contrary
suit
seeks
paralyze
totally
operation
entire
regulatory
scheme
indeed
regulatory
scheme
designed
administered
promote
security
nation
secretary
state
rather
president
imposed
restriction
travel
cuba
however
congress
provided
secretary
state
shall
perform
duties
shall
time
time
enjoined
intrusted
president
relative
matters
respecting
foreign
affairs
president
shall
assign
department
president
turn
authorized
secretary
discretion
restrict
passport
use
certain
countries
restrict
use
certain
countries
exec
order
fed
reg
cfr
cerecedo
hermanos
compania
service
dulles
labor
board
gullett
gin
dept
state
bull
norwegian
nitrogen
supra
costanzo
tillinghast
midwest
oil
act
may
stat
act
june
stat
pres
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area
restrictions
reasons
vary
government
says
restrictions
imposed
sometimes
political
differences
countries
sometimes
unsettled
conditions
sometimes
case
part
program
undertaken
together
nations
isolate
hostile
foreign
country
cuba
attempts
promote
subversion
democratic
nations
see
senate
hearings
department
state
also
imposed
different
types
travel
restrictions
different
circumstances
newsmen
example
prohibited
traveling
china
see
senate
hearings
allowed
visit
cuba
see
public
notice
fed
reg
press
release
issued
secretary
state
view
different
types
need
travel
restrictions
various
reasons
traveling
abroad
importance
constitutional
underpinnings
right
travel
right
citizen
free
press
gather
information
foreign
countries
presumed
congress
without
focusing
upon
complex
problems
involved
resolved
adopting
broad
sweeping
statute
view
confers
unlimited
discretion
upon
executive
makes
distinctions
reconciling
rights
citizen
travel
government
legitimate
needs
know
congress
deal
complex
area
focus
problems
involved
whether
example
light
commitment
freedom
press
congress
consent
circumstances
prohibiting
newsmen
traveling
foreign
countries
faced
complete
absence
legislative
consideration
complex
issues
presume
congress
issued
blanket
authorization
executive
impose
area
restrictions
define
scope
duration
nature
problem
seems
plainly
call
discriminately
fashioned
statute
iii
conclusion
view
different
types
need
area
restrictions
asserted
government
various
reasons
travel
abroad
importance
constitutional
underpinnings
right
citizens
free
press
gather
information
foreign
countries
considerations
congress
focus
upon
infer
congress
resolved
complex
problem
area
restrictions
necessarily
involves
reconciling
rights
citizen
travel
government
legitimate
needs
statute
history
shows
designed
centralize
authority
issue
passports
secretary
state
prevent
abuses
arising
issuance
unauthorized
persons
since
conclude
executive
possess
inherent
power
impose
area
restrictions
peacetime
congress
considered
issue
granted
authority
executive
reverse
judgment
district
dept
state
summary
passport
statistics
recently
president
requested
citizens
voluntarily
temporarily
limit
travel
abroad
balance
payments
difficulties
see
dept
state
american
passport
except
years
since
american
law
require
passport
travel
abroad
currently
however
immigration
nationality
act
stat
ed
makes
unlawful
proclamation
national
emergency
depart
enter
attempt
depart
enter
without
valid
passport
expresses
views
upon
validity
proper
interpretation
provision
currently
involved
litigation
us
following
changes
made
wording
provision
statute
present
statute
placed
revised
statutes
words
shall
authorized
replaced
may
june
provision
amended
increase
list
secretary
cause
grant
issue
verify
passports
foreign
countries
adding
words
chief
executive
officer
insular
possessions
stat
provision
list
secretary
cause
grant
issue
verify
passports
foreign
countries
modified
substituting
words
diplomatic
consular
officers
words
diplomatic
representatives
consul
generals
consuls
vice
consuls
charge
secretary
state
may
designate
words
passports
substituted
words
passport
stat
see
kent
dulles
supra
implies
regulation
travel
based
upon
disloyalty
country
wartime
presents
quite
different
question
regulation
time
peace
also
argues
state
department
imposition
area
restrictions
shows
act
granted
power
impose
restrictions
consistent
administrative
interpretation
must
given
weight
courts
ante
see
norwegian
nitrogen
deference
find
consistent
administrative
interpretation
act
area
restrictions
imposed
executive
time
time
since
see
senate
hearings
executive
also
indicated
doubts
authority
restrict
passports
president
formally
asked
congress
clear
statutory
authority
prevent
americans
using
passports
travel
areas
means
protecting
presence
conflict
foreign
policy
objectives
doc
sess
report
commission
government
security
expressly
recommended
made
unlawful
citizen
travel
country
passport
declared
invalid
doc
moreover
department
state
announced
limitations
use
passports
travel
red
china
accompanying
press
release
stated
restrictions
forbid
american
travel
areas
restricted
see
senate
hearings
report
association
bar
city
new
york
freedom
travel
event
believe
evidence
set
congress
mean
act
authorize
imposition
area
restrictions
sufficiently
strong
overcome
fact
department
occasion
asserted
inherent
power
impose
restrictions
see
report
commission
government
security
although
severed
diplomatic
ties
castro
government
correctly
points
ante
justifiably
regards
castro
regime
hostile
country
state
war
cuba
see
banco
national
de
cuba
sabbatino