Haig V. Agee

Haig v. Agee, 453 U.S. 280 (1981), is a U.S. Supreme Court case involving Congressional delegation of authority over control of passports and the right to international travel. Philip Agee was an ex-Central Intelligence Agency (CIA) agent living in West Germany who in 1974 declared a "campaign to fight the U.S. CIA wherever it is operating." After Agee outed several CIA officers resulting in violence against these officers, the United States Secretary of State at the request of the President revoked Agee's passport in 1979. Agee sued, alleging the secretary had no such authority, had denied him procedural due process rights, his substantive due process "liberty" right to travel under the Fifth Amendment, and had violated his First Amendment right to criticize government policies.

The district court found the Secretary lacked the power to revoke the passport and the court of appeals affirmed. The Supreme Court held that, given the broad discretion accorded the executive branch in matters of national security and foreign policy, the Passport Act of 1926 should be interpreted as granting the power to revoke a passport when necessary for national security.

Read more about Haig V. Agee:  Facts of The Case, Majority Opinion, Concurrence, Dissent