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Aptheker v. Secretary of State

Significance, The Subversive Activities Control Act, Further Readings


Herbert Aptheker


Dean Rusk, U.S. Secretary of State

Appellant's Claim

That the provision of the Internal Security Act of 1950 denying passports to members of the American Communist Party interferes with the constitutional right to travel.

Chief Lawyers for Appellant

John J. Abt, Joseph Forer

Chief Lawyer for Appellee

Abram Chayes

Justices for the Court

Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Arthur Goldberg (writing for the Court), Potter Stewart, Earl Warren

Justices Dissenting

Tom C. Clark, John Marshall Harlan II, Byron R. White


Washington, D.C.

Date of Decision

22 June 1964


The provision denying passports was struck down as unconstitutional.

Related Cases

  • Kent v. Dulles, 357 U.S. 116 (1958).
  • Communist Party of the United States v. Subversive Acivities Control Board, 367 U.S. 1 (1961).
  • Heart of Atlanta Motel v. United States, 349 U.S. 241 (1964).


Bacon, Donald C., et al., eds. The Encyclopedia of the United States Congress. New York: Simon & Schuster, 1995.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972