| Aptheker v. Secretary of State | |
|---|---|
 | |
| Argued April 21, 1964 Decided June 22, 1964 | |
| Full case name | Aptheker, et al. v. Secretary of State |
| Citations | 378 U.S. 500 (more) 84 S. Ct. 1659; 12 L. Ed. 2d 992; 1964 U.S. LEXIS 2225 |
| Holding | |
| Section 6 of the Subversive Activities Control Act of 1950 is an unconstitutional abridgment of a person's freedom of movement and is impermissibly broad. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Goldberg, joined by Warren, Douglas, Brennan, Stewart |
| Concurrence | Black |
| Concurrence | Douglas |
| Dissent | Clark, joined by Harlan; White (part I) |
| Laws applied | |
| U.S. Const. amend. V | |
Aptheker v. Secretary of State, 378 U.S. 500 (1964), was a landmark decision of the US Supreme Court on the right to travel and passport restrictions as they relate to Fifth Amendment due process rights and First Amendment free speech, freedom of assembly and freedom of association rights. It is the first case in which the US Supreme Court considered the constitutionality of personal restrictions on the right to travel abroad.
In Aptheker, the petitioner challenged Section 6 of the Subversive Activities Control Act of 1950, which made it a crime for any member of a Communist organization to attempt to use or obtain a passport.[1]