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. 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"). Background From 1950 to 1955, Rockwell Kent repeatedly applied for passports in order to travel to Europe for pleasure, in order to paint, and to attend peace conferences. He was denied a passport because he was allegedly a communist and was alleged to have "a consistent and prolonged adherence to the Communist Party line". He was told that he would not be issued a passport unless he submitted a non-communist affidavit, which he refused to do although he publicly disavowed party membership. Once he had exhausted his administrative appeals, his case became ripe for a constitutional challenge. Kent, represented by Leonard Boudin of the Emergency Civil Liberties Union, sued in U.S. District Court for declaratory relief. The District Court granted summary judgment against him. On appeal, Kent's case was heard with that of Dr. Walter Briehl, a psychiatrist. When Briehl applied for a passport, the Director of the Passport Office asked him to supply an affidavit with respect to his membership in the Communist Party. Briehl, like Kent, refused. His application for a passport was tentatively disapproved. Briehl filed his complaint in the District Court, which held that his case was indistinguishable from Kent's and dismissed it. The U.S. Court of Appeals for the District of Columbia Circuit heard the two cases en banc and affirmed the District Court by a divided vote. Decision of the Supreme Court The cases were heard on writ of certiorari. The Court reversed the Court of Appeals. Kent v. Dulles was the first case in which the U.S. Supreme Court ruled that 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. It did not decide the extent to which this liberty can be curtailed. The Court was first concerned with the extent, if any, to which Congress had authorized its curtailment by the U.S. Secretary of State. The Court found that the Secretary of State exceeded his