United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dayton v. Dulles, 357 U.S. 144 (1958)

Dayton v. Dulles

No. 621

Argued April 10, 1958

Decided June 16, 1958

357 U.S. 144

Syllabus

At a time when an Act of Congress required a passport for foreign travel by citizens if a state of national emergency had been declared by the President and when the Proclamation necessary to make the Act effective had been made, the Secretary of State, after administrative hearings, concluded that the issuance of a passport to petitioner "would be contrary to the national interest," and denied him a passport. This action apparently was based on petitioner's alleged association with various Communists and with persons suspected of being part of the Rosenberg espionage ring, his alleged presence at an apartment allegedly used for microfilming material obtained for the use of a foreign government, and upon confidential information in the possession of the Government which was not revealed to petitioner.

Held: the Secretary was not authorized to deny the passport for these reasons under the Act of July 3, 1926, 22 U.S.C. § 211a, or § 215 of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1185. Kent v. Dulles, ante, p. 357 U. S. 116. Pp. 357 U. S. 145-150.

102 U.S.App.D.C. 372, 254 F.2d 71, reversed.

Page 357 U. S. 145