Right to Fly

49 U.S.C. § 40103 : US Code - Section 40103: Sovereignty and use of airspace

(a) Sovereignty and Public Right of Transit. - (1) The United
States Government has exclusive sovereignty of airspace of the
United States.
(2) A citizen of the United States has a public right of transit
through the navigable airspace.
To further that right, the
Secretary of Transportation shall consult with the Architectural
and Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792)
before prescribing a regulation or issuing an order or procedure
that will have a significant impact on the accessibility of
commercial airports or commercial air transportation for
handicapped individuals.
(b) Use of Airspace. - (1) The Administrator of the Federal
Aviation Administration shall develop plans and policy for the use
of the navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. The Administrator may modify or revoke
an assignment when required in the public interest.
(2) The Administrator shall prescribe air traffic regulations on
the flight of aircraft (including regulations on safe altitudes)
for -
(A) navigating, protecting, and identifying aircraft;
(B) protecting individuals and property on the ground;
(C) using the navigable airspace efficiently; and
(D) preventing collision between aircraft, between aircraft and
land or water vehicles, and between aircraft and airborne
(3) To establish security provisions that will encourage and
allow maximum use of the navigable airspace by civil aircraft
consistent with national security, the Administrator, in
consultation with the Secretary of Defense, shall -
(A) establish areas in the airspace the Administrator decides
are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of
civil aircraft that the Administrator cannot identify, locate,
and control with available facilities in those areas.
(4) Notwithstanding the military exception in section 553(a)(1)
of title 5, subchapter II of chapter 5 of title 5 applies to a
regulation prescribed under this subsection.
(c) Foreign Aircraft. - A foreign aircraft, not part of the armed
forces of a foreign country, may be navigated in the United States
as provided in section 41703 of this title.
(d) Aircraft of Armed Forces of Foreign Countries. - Aircraft of
the armed forces of a foreign country may be navigated in the
United States only when authorized by the Secretary of State.
(e) No Exclusive Rights at Certain Facilities. - A person does
not have an exclusive right to use an air navigation facility on
which Government money has been expended. However, providing
services at an airport by only one fixed-based operator is not an
exclusive right if -
(1) it is unreasonably costly, burdensome, or impractical for
more than one fixed-based operator to provide the services; and
(2) allowing more than one fixed-based operator to provide the
services requires a reduction in space leased under an agreement
existing on September 3, 1982, between the operator and the

Kent v. Dulles, 357 U.S. 116 (1958)

Kent v. Dulles
No. 481
Argued April 10, 1958
Decided June 16, 1958
357 U.S. 116
At a time when an Act of Congress required a passport for foreign travel by
citizens if a state of national emergency had been declared by the President,
and when the Proclamation necessary to make the Act effective had been
made, the Secretary of State denied passports to petitioners because of their
alleged Communistic beliefs and associations and their refusal to file
affidavits concerning present or past membership in the Communist Party.
Held: The Secretary was not authorized to deny the passports for these
reasons under the Act of July 3, 1926, 22 U.S.C. § 211a, or § 215 of the
Immigration and Nationality Act of 1952, 8 U.S.C. § 1185. Pp. 357 U. S.
117-130. (a) The right to travel is a part of the "liberty" of which a citizen
cannot be deprived without due process of law under the Fifth Amendment.

Pp. 357 U. S. 125-127.

Some useful tidbits here in the first part of the article: Right to Travel

Wikipedia: Freedom of movement under United States law

Jul 7, 2011
Page views:

Share This Page