Haig v. Agee
United States Supreme Court
453 U.S. 280 (1981)
Former CIA employee Philip Agee (plaintiff) publicly campaigned against CIA operations and disclosed the identities of undercover CIA operatives, leading to attacks on them. Secretary of State Alexander Haig (defendant) revoked Agee's passport under a regulation issued pursuant to the Passport Act of 1926, which did not expressly authorize revocation. Agee sued, arguing the Secretary exceeded his delegated authority and that the revocation violated his due process, travel, and free speech rights; the district court and court of appeals agreed the regulation exceeded the Secretary's authority, and the Secretary sought Supreme Court review.
Whether an executive agency's interpretation of its own regulatory authority is implicitly authorized by Congress when that interpretation has been substantially and consistently applied, and whether passport revocation on national security grounds without a prior hearing violates due process.