In 1974, Philip Agee, a former employee of the Central Intelligence Agency, announced a campaign "to fight the United States CIA wherever it is operating." Over the next several years, Agee successfully exposed a number of CIA agents and sources working in other countries. When Secretary of State Alexander Haig revoked Agee's passport, Agee filed suit claiming that Haig did not have congressional authorization to do so. Agee also claimed that the action violated his right to travel, his First Amendment right to criticize the government, and his Fifth Amendment Due Process rights.
Did the President, acting through the Secretary of State, have the constitutional authority to revoke the passport?
In a 7-to-2 decision, the Court held that Passport Act of 1926 and other congressional statutes implicitly granted the Secretary of State the power to revoke passports. The Court noted Congress's historical recognition of "Executive authority to withhold passports on the basis of substantial reasons of national security and foreign policy." The Court further held that because the regulations were limited to cases in which there was a likelihood of "serious damage" to foreign policy, Agee's claims concerning the First Amendment, the Fifth Amendment, and the right to travel were "without merit."
Decisions
Decision: 7 votes for Haig, 2 vote(s) against Legal provision: 22 U.S.C. 211
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Full Opinion by Justice Warren E. Burger
