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HAIG v. AGEE

Supreme Court of United States (1981) | 453 U.S. 280; 101 S.Ct. 2766; 69 L.Ed.2d 640

4 min read

TL;DR: Agee challenged the revocation of his passport for exposing intelligence personnel abroad. For summary judgment, he conceded that his activities caused or threatened serious national-security or foreign-policy damage. The Court upheld the Secretary’s statutory authority, rejected Agee’s constitutional challenges on that record, and reversed and remanded.

Legal Significance: The decision recognizes congressional approval of passport restrictions through longstanding Executive policy, statutory history, and congressional acquiescence despite infrequent enforcement. It also permits immediate revocation for sufficiently serious national-security or foreign-policy threats, with reasons and an opportunity for a prompt subsequent hearing.