Section 6 of the Subversive Activities Control Act of 1950, which makes it a crime for any member of a communist organization to attempt to use or obtain a passport, is an unconstitutional abridgment of the right to travel. Decided June 22, 1964 (argued April 21, 1964). Opinion of the Court: Arthur Goldberg → go there Dissenting: Clark. Applied: the Fifth Amendment → go there Topic: Freedom of movement. Aptheker v. Secretary of State, 378 U.S. 500 (1964), is a landmark decision of the US Supreme Court on the right to travel and passport restrictions as they relate to Fifth Amendment due process rights and First Amendment free speech, freedom of assembly and freedom of association rights. It is the first case in which the US Supreme Court considered the constitutionality of personal restrictions on the right to travel abroad. Wiki link