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Cheif Justice: Earl Warren
(Bottom row, first to the right)

Associate Justices: (Bottom row, left to right)

Tom C. Clark

Hugo Black

Earl Warren

William O. Douglass

John M. Harlan II

(Top row, left to right)

Harold H. Burton

Felix Frankfurter

Charles E. Whittaker

William J. Brennan Jr.

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United States Court of Appeals for the District of Columbia Circuit

Decision: Although the requirements for citizens needing passports to exxercise their rights to travel, fortunately, they do not need to give out excessible information.

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Thereupon Kent sued in the District Court for declaratory relief.

The District Court granted summary judgment for respondent. On appeal the case of Kent 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 the affidavit covering membership in the Communist Party.

'There is no law of the United States, in any manner regulating the issuing of passports, or directing upon what evidence it may be done, or declaring their legal effect.

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There are three categories in which citizens are not allowed to travel

One category is that any any member of the Communist party who have recently been terminated is not allowed to travel

If any person affilites themselves with Communist movements, cannot travel.

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The Government cannot find any proof within the McCarran- Walter Act to show that there is any control for people to travel reguardless of their position.

Congress had not said that a certain class of American citizens could not travel

There is no final order involving the Communist Party or everyone else as a result to the litigation that has been in the courts since the passage of the McCarran Act.

The regultions of in August 28, 1952, were never intended to be based upon the McCarran- Walter Act.

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Majority Opinion authored by Earl Warren

The Director instructed Kent to submit an affidavit as to whether he was a current or past Communist. Upon the advice of counsel, Kent refused to sign the affidavit but did participate in a hearing at which he was once more asked to sign an affidavit concerning his Communist affiliations.

When he refused the affidavit, the Passport Department advised Kent that no further action would be taken on his passport request until he satisfied the affidavit requirement.

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Concurring authored by Leonard Boudin

Stating that there are multiple reasons as to why the groups such as the Communists cannot travel or have the right to travel.

Dissenting Opinions Authored by William O. Douglass

Dimantles the idea that certain people cannot travel and that acts such as the McCarren-Walter act is not an example of what people must expect when they canot travel.

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Q:Could the Executive's Passport Department defer or refuse the issuance of passports to individuals suspected of being Communists or of traveling abroad to further Communist causes?

A: The Court held that the right to travel is an inherent element of "liberty" that cannot be denied to American citizens.
Vote: 5-4 Kent

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Judicial Retraint

The overall efforts of the Supreme Court coming in agreeance shows that they want the rights of thier citizens to expand.

With acts such as the McCarren-Walter Act, in which is states that it protects the United States from Un-Americans, it was not a put in place to go against civilians right to travel.