Kent v. Dulles
1958 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Kent v. Dulles, 357 U.S. 116 (1958), was a landmark decision of the U.S. Supreme Court on the right to travel and passport restrictions as they relate to First Amendment free speech rights.[1] 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").[2]
Quick Facts Kent v. Dulles, Argued April 10, 1958 Decided June 16, 1958 ...
Kent v. Dulles | |
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Argued April 10, 1958 Decided June 16, 1958 | |
Full case name | Kent, et al. v. John Foster Dulles, Secretary of State |
Citations | 357 U.S. 116 (more) 78 S. Ct. 1113; 2 L. Ed. 2d 1204; 1958 U.S. LEXIS 814 |
Case history | |
Prior | 248 F.2d 600 (D.C. Cir. 1957); cert. granted, 355 U.S. 881 (1957) |
Holding | |
The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment. | |
Court membership | |
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Case opinions | |
Majority | Douglas, joined by Warren, Black, Frankfurter, Brennan |
Dissent | Clark, joined by Burton, Harlan, Whittaker |
Laws applied | |
U.S. Const. amend. V |
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