# Berrigan v. Sigler

> Court of Appeals for the D.C. Circuit · May 1, 1974 · 499 F.2d 514

URL: https://www.frixlaw.com/law-library/cases/7838171

## Case

- **Full name:** Philip BERRIGAN v. Maurice SIGLER, Chairman of the board of parole and all members of the said board of parole (all of whom have their offices at room 354 HOLC (Building)
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** May 1, 1974
- **Citations:** 499 F.2d 514; 162 U.S. App. D.C. 378
- **Precedential status:** Published
- **Opinion:** Dissent by Bazelon
- **Judges:** Bazelon, Christensen, Gowan, Utah
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7838171

## How later opinions describe it (automated extraction)

- holding that any rights parolees had to travel were necessarily limited because “those rights of necessity are conditioned by the situation in which their convictions placed them”

## Opinion text

BAZELON, Chief Judge,
dissenting:
When this case was before us on a motion for a temporary restraining order 1 we were at pains to point out that “the authority — if any — of the Department of State to grant or deny its *389 permission [for appellants’ trip] is not at issue.” 2 What is at issue is the authority of the Parole Board to impose restrictions on the constitutional right to travel. 3 Whatever may be the scope of that authority in the ordinary case, where, as here, the Board seeks to interfere with activities involving the expression of political and social views, it must show a compelling need for the particular restriction it seeks to invoke. No such need was shown in the prior proceeding and none has been shown here. Accordingly, I would reverse the decision of the District Court and enjoin the Parole Board from withholding its approval of appellants’ travel.
. See opinion of the court, supra at 517.
. Berrigan v. Sigler, 475 F.2d 918, 920 (1973) (Bazelon, C. J., concurring).
. Id. at 920, 921 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7838171. Public record. Not legal advice.