ACLU: Seeking Judgment On Whether Govt's Secret No-Fly List Violates Due Process
Kevin Gosztola posts at Firedog Lake:

In a what the American Civil Liberties Union (ACLU) considers a "first of its kind" lawsuit, the ACLU has filed a motion seeking a ruling from a federal district court in Oregon on the constitutionality of the United States government's secret No-Fly list. The ACLU argues the list violates citizens' Fifth Amendment right to due process.

The ACLU represents fifteen citizens and lawful residents, who were prohibited from flying to and from the United States. They were not informed of why they were being put on the list and were given no chance to clear their names.

...Hina Shamsi, director of the ACLU's National Security Project, told Firedoglake, "It is a modest and fundamentally important question, which is, when the government puts you on a secret black list and bans you from exercising a right that you otherwise have, what are the procedures it is obligated to provide?"

Currently, the government claims its "Glomar policy of refusing to confirm or any information" is "adequate." However, the ACLU believes all of the government's arguments in support of this secret blacklist fail.

"In context after context, courts have held that Americans must have some notice and some hearing before they are deprived of their liberties," Shamsi declared. "That very basic fundamental position is what we are seeking to vindicate here, which is that once people have been put on the No-Fly list by the government they have a right to a notice of the fact that they are on the list, a statement of reasons why they are on the list and a hearing to contest their placement and to have the opportunity to get off the list."