# Aptheker v. Secretary of State

> Supreme Court of the United States · June 22, 1964 · 378 U.S. 500

URL: https://www.frixlaw.com/law-library/cases/9422874

## Case

- **Full name:** APTHEKER Et Al. v. SECRETARY OF STATE
- **Court:** Supreme Court of the United States
- **Decided:** June 22, 1964
- **Citations:** 378 U.S. 500; 84 S. Ct. 1659; 12 L. Ed. 2d 992; 1964 U.S. LEXIS 2225
- **Precedential status:** Published
- **Opinion:** Dissent by White
- **Judges:** Goldberg, Black, Douglas, Clark, Harlan, White
- **Cited by:** 536 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/9422874

## How later opinions describe it (automated extraction)

- holding that § 6 of the Subversive Activities Control Act of 1950, 64 Stat. 993, was unconstitutional on its face because it made application or use of a passport by a member of the Communist Party a felony based on membership alone “without more,” “the sole criteria,” “irrele…
- concluding that the section of the Subversive Activities Control Act, which made it a felony for a member of a Communist organization to apply for, use or attempt to use a passport, was unconstitutional on its face
- holding unconstitutional a legislative enactment making it a felony for a member of a Communist organization to apply for, use, or attempt to use a passport where means “more discriminately tailored to the constitutional liberties of individuals” were available
- holding that a provision of the Subversive Activities Control Act which prohibited a Communist Party member from applying for or using a passport infringed on Fifth Amendment guarantees

## Opinion text

Mr. Justice White
joins in Section I of this dissent and for the reasons stated therein would affirm the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9422874. Public record. Not legal advice.