Daniel A. Farber National Security, the Right to Travel, and the Court
DANIEL A. FARBER NATIONAL SECURITY, THE RIGHT TO TRAVEL, AND THE COURT One of the first casualties of the Cold War was freedom of travel. Although most Americans continued to receive passports routinely, others found themselves singled out for special restrictions. For example, Arthur Miller was denied permission to see the opening of one of his plays in Brussels. His trip was said to be not in the "best interest of the United States." 1 Perhaps the most frequent targets of travel control were artists2 and scientists,3 but other groups, such as Unitarian ministers, also faced barriers to travel.4 Even dissident 7 Congressmen, 5 federal judges,6 and congressional investigators were not immune. Daniel A. Farber is Associate Professor of Law, University of Minnesota. AUTHOR's NoTE: The author would like to thank Dianne Farber for her editorial assis- tance and Professor Yale Kamisar for his helpful suggestions. ' See Parker, The Right to Go Abroad: To Have and to Hold a Passport, 40 VA. L. REv. 853, 858 (1954). 2 See Jaffe, The Right to Travel: The Passport Problem, 35 FOREIGN AFFAIRS 17, 24 (1956); Comment, PassportRefusalsfor PoliticalReasons, 61 YALE L. J. 171, 176-78 (1952). 3 Comment, note 2 supra, 174-76, 178 n. 58. A notable example was the denial of a passport to Linus Pauling, the Nobel Laureate. Chafee, Book Review, 101 U. PA. L. REV. 703, 705 (1953). 4 See Jaffe, note 2 supra, at 24. 5 See Comment, note 2 supra, at 176. For further details, see text accompanying notes 83-90 infra.
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