Kent v. Dulles
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. 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").
| Kent v. Dulles | |
|---|---|
| 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 | |
| |
| 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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