No Fly List Doesn't Fly In Court: Small Victory For Civil Liberties
U.S. District Judge Anna Brown has ruled that the process surrounding the government's no-fly list is unconstitutional, as it gives those put on it no effective way to challenge their inclusion. (In seven years, one person has gotten off of it, and it took $3.5 million in legal fees -- donated by the firm that took her case pro bono -- for her to do it.)
NPR's Eyder Peralta writes:
In the opinion, Brown writes that being placed on the list has far-reaching implications. Flying internationally, she writes, is not a luxury, but a right. She concludes:"One need not look beyond the hardships suffered by Plaintiffs to understand the significance of the deprivation of the right to travel internationally. Due to the major burden imposed by inclusion on the No-Fly List, Plaintiffs have suffered significantly including long-term separation from spouses and children; the inability to access desired medical and prenatal care; the inability to pursue an education of their choosing; the inability to participate in important religious rites; loss of employment opportunities; loss of government entitlements; the inability to visit family; and the inability to attend important personal and family events such as graduations, weddings, and funerals. The Court concludes international travel is not a mere convenience or luxury in this modern world. Indeed, for many international travel is a necessary aspect of liberties sacred to members of a free society."Accordingly, on this record the Court concludes Plaintiffs' inclusion on the No-Fly List constitutes a significant deprivation of their liberty interests in international travel."
Via the Oregonian (PDF):
In a 65-page opinion issued Tuesday ... Brown ordered the government to come up with a new way for the 13 plaintiffs to contest their inclusion on the list that prohibits them from flying in or through U.S. airspace. The government must provide notice to the plaintiffs that they are on the roster and give the reasons for their inclusion, Brown wrote. She also ordered that the government allow the plaintiffs to submit evidence to refute the government's suspicions.








"Brown ordered the government to come up with a new way for the 13 plaintiffs to contest their inclusion on the list."
It would have been a lot better if the judge had the power to completely do away with the no-fly list. A "new way" to contest and the government gets to come up with it? I doubt it's going to be any easier than the old way.
Fayd at June 26, 2014 8:44 AM
"Flying internationally, she writes, is not a luxury, but a right."
Okay, Patrick, Mike Hunter, et al, there you have it: backing for the Lemuel Penn case from 40 years ago, establishing travel as a right.
You've been totally silent when confronted with the question, "What mode of travel is your right?"
Dodge this - and, in the process, condemn yourself.
Radwaste at June 26, 2014 6:09 PM
I'm curious to know how being on the "No Fly" list would affect a person who manages to obtain passage on a steamship.
I'm willing to guess he'd be treated just as badly.
jefe at June 28, 2014 1:16 PM
What? No Answer? Quelle surprise
lujlp at June 28, 2014 1:23 PM
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