Robeson v. Dulles, 12983.
| Decision Date | 07 June 1956 |
| Docket Number | No. 12983.,12983. |
| Parties | Paul ROBESON, Appellant, v. John Foster DULLES, Secretary of State, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Leonard B. Boudin, New York City, with whom Mr. James T. Wright, Washington, D. C., was on the brief, for appellant.
Mr. Benjamin Forman, Atty., Dept. of Justice, with whom Mr. Leo A. Rover, U. S. Atty. at the time the record was filed, and Messrs. Paul A. Sweeney and B. Jenkins Middleton, Attys., Dept. of Justice, were on the brief, for appellee.
Mr. Ralph E. Powe, Philadelphia, Pa., filed a brief on behalf of Dr. W. E. B. Du Bois, Dr. Alphaeus Hunton, Dr. Herbert Aptheker, Eslanda Goode Robeson, Rev. Charles Hill and Dr. Samuel Sillen, as amici curiae, urging reversal.
Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER and BASTIAN, Circuit Judges, sitting in banc.
Appellant Robeson applied for a passport. It was refused — tentatively refused, the Government says. He brought a civil action in the District Court praying judgment that he is entitled to a passport and that certain regulations of the Secretary of State and rules of the Board of Passport Appeals are invalid because in violation of statute, the Constitution, and the Declaration of Human Rights. The complaint also prayed for a decree enjoining the Secretary from continuing to deny a passport and directing him to issue one. The District Court granted summary judgment for the Secretary and dismissed the complaint.
When Robeson applied for a passport on July 29, 1953, he was informed by letter that issue of the passport "would appear" precluded under the regulations by reason of alleged Communist affiliations and activities. He was advised he had a right to seek further review by the Passport Office by conforming with certain regulations. Robeson made no answer to that letter. When he applied for a passport a year later, July 7, 1954, he was given the same information and again failed to reply. When he later amended his application he was advised by wire that in the absence of reply to its previous letter the Department was forced to assume he considered himself ineligible under the regulations. Robeson replied that the regulations were invalid and he intended to seek judicial relief. The Department again wrote Robeson advising it would be necessary for him to proceed in accordance with the regulations if he wished further consideration by...
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National Council of American-Soviet F. v. Brownell, 13185.
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