Arthur Goldberg

“ Dulles, supra, President Eisenhower sent a message to Congress stating that: 'Any limitations on the right to travel can only be tolerated in terms of overriding requirements of our national security, and must be subject to substantive and procedural guaranties.' Message from the President-Issuance of Passports, H. Doc. No. 417, 85th Cong., 2d Sess.; 104 Cong.Rec. 13046. The legislation which the President proposed did not make membership in a Communist organization, without more, a disqualification for obtaining a passport. ”

“ This principle requires that we consider the congressional purpose underlying § 6 of the Control Act. [8] The Government emphasizes that the legislation in question flows, as the statute itself declares, from the congressional desire to protect our national security. That Congress under the Constitution has power to safeguard our Nation's security is obvious and unarguable. ”

“ The restrictive effect of the legislation cannot be gainsaid by emphasizing, as the Government seems to do, that a member of a registering organization could recapture his freedom to travel by simply in good faith abandoning his membership in the organization. ”

“ The Court, referring to § 6 of the Subversive Activities Control Act, noted that 'the only law which Congress has passed expressly curtailing the movement of Communists across our borders has not yet become effective.' Id., 357 U.S., at 130, 78 S.Ct., at 1120. Two years later in Communist Party of the United States v. Subversive Activities Control Board, supra, this Court reviewed and upheld the registration requirement of § 7 of the Control Act. ”

“ Section 6 provides that any member of a Communist organization which has registered or has been ordered to register commits a crime if he attempts to use or obtain a United States passport. The section applies to members who act 'with knowledge or notice' that the organization is under a final registration order. ”

“ It is a familiar and basic principle, recently reaffirmed in NAACP v. Alabama, 377 U.S. 288, 307, 84 S.Ct. 1302, 1314, that 'a governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.' See, e.g., NAACP v. ”

“ Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective.'↑ See note 1, supra.↑ E.g., Brotherhood of Railroad Trainmen v. ”