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Kent v. Dulles
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Kent v. Dulles : ウィキペディア英語版
Kent v. Dulles

''Kent v. Dulles'', , was a landmark United States Supreme Court case on the right to travel and passport restrictions as they relate to First Amendment free speech rights. It was the first case in which the U.S. Supreme Court made a distinction between the constitutionally protected substantive due process ''freedom of movement'' and the ''right to travel abroad'' (subsequently characterized as "right to international travel".〔''Califano v. Aznavorian''() relative to area restrictions/foreign policy, e.g., travel to Cuba and ''Haig v. Agee'' relative to personal restrictions/national security.〕
==Background==
Rockwell Kent wanted to travel to England to attend a meeting of the World Council of Peace in Helsinki, Finland. He was denied a passport because he was allegedly a Communist and was alleged to have "a consistent and prolonged adherence to the Communist Party line." Kent sued in U.S. District Court for declaratory relief. The District Court granted summary judgment against him.
On appeal, Kent's case was heard with that of Dr. Walter Briehl, a psychiatrist. When Briehl applied for a passport, the Director of the Passport Office asked him to supply an affidavit with respect to his membership in the Communist Party. Briehl, like Kent, refused. His application for a passport was tentatively disapproved. Briehl filed his complaint in the District Court, which held that his case was indistinguishable from Kent's and dismissed it.
The U.S. Court of Appeals for the District of Columbia Circuit heard the two cases en banc and affirmed the District Court by a divided vote. 101 U.S.App.D.C. 278, 239, 248 F.2d 600, 561.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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