But this was prior to the Supreme Court decision of June 16, 1958. Prior to that there was very little challenge to the Secretary's discretionary authority in the issuance of passports.
But I think it is important to realize that the Supreme Court in its decision held that there was no legislative authority for the Secretary's regulations in denying a passport to persons supporting the world Communist movement. The Court stated in that decision that the freedom of travel is indeed an important aspect of the citizen's liberty.
Since that time Congress has made numerous attempts to provide legislation to curb the travel of U.S. Communists, and those citizens whose travel abroad is not in the best interests of the United States, but for one reason or another Congress has failed to pass any such legislation.
On January 12, 1962, the Secretary of State promulgated passport regulations which provide for the confrontation and full discovery in all cases involving the curtailment of passport privileges.
So, as a result, the Department's decisions in all passport cases have to be based on an open record.
It is quite evident that these regulations make it virtually impossible to deny passports to U.S. Communists because the source and record and details of their nefarious activities are not an open record, as you well know, and quite obviously they cannot be made an open record by the Government.
Mr. Coleman. Don't you have a specific statute and a specific regulation which says that if a person is a member of the Communist Party after it has been required to register that you have to deny him a passport?
Miss Knight. This is true, but with these regulations, we are directed to issue passports to active members of the Communist Party despite the fact that section 6 of the Internal Security Act prohibits the issuance of passports to those individuals whom we have reason to believe or know are members of the Communist Party.
Mr. Coleman. What regulation requires you to issue them a passport?
Miss Knight. Well, the Department's regulations are very specific on this point. They state and I quote, "In making its decision"——