Kent v. Dulles

Kent v. Dulles, 357 U.S. 116 (1958), was a landmark decision of the US 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]

Kent v. Dulles
Argued April 10, 1958
Decided June 16, 1958
Full case nameKent, et al. v. John Foster Dulles, Secretary of State
Citations357 U.S. 116 (more)
78 S. Ct. 1113; 2 L. Ed. 2d 1204; 1958 U.S. LEXIS 814
Case history
Prior248 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
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Harold H. Burton
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Charles E. Whittaker
Case opinions
MajorityDouglas, joined by Warren, Black, Frankfurter, Brennan
DissentClark, joined by Burton, Harlan, Whittaker
Laws applied
U.S. Const. amend. V

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