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Aptheker Vs. Secretary of State
Cites for this judgment
- US Supreme Court
- Jun 22, 1964
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Aptheker v. SecretarySearch
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of State - 378 U.S. 500 (1964) U.S. Supreme Court Aptheker v. SecretarySearch
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of State, 378 U.S. 500 (1964) Aptheker v. SecretarySearch
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and abroad is an important aspect of liberty of which a citizen cannot be deprived without due process of law. Kent v. DullesSearch
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registration order had been upheld earlier in 1961 by this Court's decision in Communist Party of the United States v. SubversiveSearch
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the right to travel, and thereby abridges the liberty guaranteed by the Fifth Amendment. I In 1958, in Kent v. DullesSearch
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Id. at 357 U. S. 130 . Two years later, in Communist Party of the United States v. SubversiveSearch
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with the liberty guaranteed in the Fifth Amendment. It is a familiar and basic principle, recently reaffirmed in NAACP v. AlabamaSearch
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NAACP v. ButtonSearch
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Gremillion v. NAACPSearch
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Schware v. BoardSearch
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Martin v. StruthersSearch
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U. S. 147 , 308 U. S. 161 , 308 U. S. 165 . In applying this principle the Court in NAACP v. AlabamaSearch
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supra, referred to the criteria enunciated in Shelton v. TuckerSearch
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Congress under the Constitution has power to safeguard our Nation's security is obvious and unarguable. Cf. Kennedy v. Mendoza-MartinezSearch
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a constitutionally protected freedom. Cantwell v. ConnecticutSearch
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the fact of membership in that group has been made the sole criterion for limiting the individual's freedom. In Wieman v. UpdegraffSearch
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Cf. Schneiderman v. UnitedSearch
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States, 320 U. S. 118 , 320 U. S. 136 . It was in this vein that the Court, in Schware v. BoardSearch
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Noto v. UnitedSearch
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Scales v. UnitedSearch
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of achieving the congressional objective Page 378 U. S. 513 of safeguarding our national security. Shelton v. TuckerSearch
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U. S. 488 . The Federal Employee Loyalty Program, which was before this Court in Joint Anti-Fascist Refugee Comm. v. McGrathSearch
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Page 378 U. S. 514 It is relevant to note that, less than a month after the decision in Kent v. DullesSearch
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Cantwell v. ConnecticutSearch
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yet here, as elsewhere, precision must be the touchstone of legislation so affecting basic freedoms, NAACP v. ButtonSearch
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or judicially rewriting it. Scales v. UnitedSearch
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broad scope without substantial rewriting. The situation here is different from that in cases such as United States v. NationalSearch
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we believe that the proper approach to legislation curtailing that liberty must be that adopted by this Court in NAACP v. ButtonSearch
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U. S. 415 , and Thornhill v. AlabamaSearch
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U. S. 88 . In NAACP v. ButtonSearch
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to take into account possible applications of the statute in other factual contexts besides that at bar. Thornhill v. AlabamaSearch
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Winters v. NewSearch
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Amendment freedoms, the existence of a penal statute susceptible of sweeping and improper application. Cf. Marcus v. SearchSearch
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For essentially the same reasons, this Court had concluded that the constitutionality of the statute in Thornhill v. AlabamaSearch
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Appellants do not question that the hearings afforded them procedural due process of law. Cf. Greene v. McElroySearch
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In Bolling v. SharpeSearch
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E.g., Brotherhood of Railroad Trainmen v. VirginiaSearch
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Gibson v. FloridaSearch
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Bates v. CitySearch
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in the Smith Act. In Scales v. UnitedSearch
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than, and distinguishable from, that involved in American Communications Assn. v. DoudsSearch
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U.S. Supreme Court Aptheker v. SecretarySearch
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