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Constitutional Law Keyed to Choper
Aptheker v. Secretary of State
Citation:
378 U.S. 500 (1964)Facts
Herbert Aptheker and Elizabeth Gurley Flynn were native-born U.S. citizens and members of the Communist Party of the United States. Aptheker served as editor of the Party’s theoretical publication, Political Affairs, while Flynn was the chairman of the Party. Both held valid passports until October 20, 1961, when a final order of the Subversive Activities Control Board directed the Communist Party to register under Section 7 of the Subversive Activities Control Act. Subsequently, on January 22, 1962, the Acting Director of the Passport Office revoked their passports, citing Section 6 of the Act, which made it unlawful for members of registered Communist organizations to apply for or use passports. After exhausting administrative remedies, appellants filed suit challenging the constitutionality of Section 6. They conceded their membership in the Communist Party but argued that the Act unconstitutionally deprived them of their liberty to travel abroad in violation of the Fifth Amendment.
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