Saturday, August 31, 2013

No-Fly Shot Down in Portland

A Portland Federal Judge ruled that people who end up on the no-fly list have a right to due process, they can't just be denied air travel with no recourse or explanation.  The ACLU represented 13 muslims that are on the list and can't travel internationally as a result, no word if they also represented children and infants that have also found themselves on the list.
U.S. District Judge Anna J. Brown's opinion did not declare the no-fly list unconstitutional, but it came close. She noted in her Wednesday ruling that those on the list are not given any reasons for their inclusion and do not get a hearing that might clear their names.
Brown's opinion came in the case of 13 U.S. citizens, including the prayer leader of Oregon's biggest mosque, who have sued the United States for excluding them from flying. They accuse the government of denying their Fifth Amendment guarantees to due process by failing to explain why they have not been permitted to fly in the past or when they might be able to fly again.
"Although there are perhaps viable alternatives to flying for domestic travel within the continental United States, such as traveling by car or train, the court disagrees with (the government's) contention that international air travel is a mere convenience in light of the realities of our modern world," Brown wrote.  
Moreover, she noted, the implications of the no-fly list are potentially far-reaching. For example, she wrote, the FBI's Terrorist Screening Center shares watchlist information with 22 governments, and U.S. Customs and Border Protection also makes recommendations to ship captains, which could interfere with a person's travels.
"Accordingly," she wrote, "the court concludes on this record that plaintiffs have a constitutionally protected liberty interest in traveling internationally by air, which is affected by being placed on the list."
I expect the Department of Justice and the FBI to emit a loud howl of protest, they're not used to this kind of treatment, they've always been the ones making the rules.

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