254 U.S. 281 (1920), the Supreme Court reiterated its position that the Constitution did not grant the federal government the power to protect freedom of movement.
The court found "no solid foundation" for the appellant's argument and unanimously held that "in the absence of national legislation covering the subject, a state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles — those moving in interstate commerce as well as others.
The Act has since been amended to be gender-neutral and now applies only to sexual activity which is separately illegal (such as prostitution and sex with a minor).
For example, the Supreme Court overturned state prohibitions on welfare payments to individuals who had not resided within the jurisdiction for at least one year as an impermissible burden on the right to travel in Shapiro v. Thompson, 394 U.S. 618 (1969).
The court also struck down one-year residency requirements for voting in state elections in Dunn v. Blumstein, 405 U.S. 330 (1972); one-year waiting periods before receiving state-provided medical care in Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974); and civil service preferences for state veterans in Attorney Gen. of New York v. Soto-Lopez, 476 U.S. 898 (1986).
In essence, Free Speech Zones prevent a person from having complete mobility as a consequence of their exercising their right to speak freely.
The Travel Control Act of May 22, 1918, permitted the president, when the United States was at war, to proclaim a passport requirement, and a proclamation was issued on August 18, 1918.
A 1978 amendment to the Immigration and Nationality Act of 1952 made it illegal to enter or depart the United States without an issued passport even in peacetime.
), the presidential administration may deny or revoke passports for foreign policy or national security reasons at any time.
The Secretary of State has historically in times of peace refused passports for one of three reasons: citizenship or loyalty, criminal conduct, or when the applicant was seeking to "escape the toils of law".
Perhaps the most notable example of enforcement of this ability was the 1948 denial of a passport to U.S. Representative Leo Isacson, who sought to go to Paris to attend a conference as an observer for the American Council for a Democratic Greece, a communist front organization, because of the group's role in opposing the Greek government in the Greek Civil War.
Just a year after Aptheker, the Supreme Court fashioned the rational basis test for constitutionality in Zemel v. Rusk, 381 U.S. 1 (1965) as a way of reconciling the rights of the individual with the interests of the state.
[13] The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), codified at 42 USC 652(k), saw the beginning of restrictions on freedom of movement as a punishment for child support debtors.
In a dissenting opinion in Eunique, Judge Andrew Kleinfeld categorized the measure as a punishment for unpaid debts.
But that does not justify tossing away a constitutional liberty so important that it has been a constant of Anglo-American law since Magna Carta, and of civilized thought since Plato."
Similarly, anyone claimed to be in arrears on child support can have certain types of vehicular driver's license revoked or suspended, severely restricting their freedom to travel.