No Fly List Unconstitutional Rules Judge

The federal no-fly list, preventing people on a watchlist from flying aboard aircraft, has been ruled unconstitutional by a federal judge.

Judge Anna Brown, presiding over the the U.S. District Court in Oregon, ruled the list provides no way for those listed to contest their status.

The case was brought before the court by a group of 13 Muslims who were banned from flying. Four of the plaintiffs are former members of the U.S. military.

The American Civil Liberties Union claimed the list violated due process. The federal government contended individuals on the no-fly list can contest their inclusion by filing a case in a U.S. appeals court. The court ruled against the Justice Department, saying the policy does not adequately provide due process.

In a 65-page ruling, Brown wrote, “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.”

The plaintiff must now be given notice of their status on the list, and be provided with the information that led them to be banned from flying.

Shayana Kadidal, from the Center for Constitutional Rights, said, “Some sort of fair process must exist to challenge such a significant limit on freedom.”

California and Virginia recently issued rulings, critical of laws regarding the no-fly list. Several civil rights organizations have also recently filed cases similar to the 2010 case recently decided by Judge Brown.

http://online.wsj.com/articles/federal-judge-rules-no-fly-list-violates-constitutional-rights-1403646056

http://mobile.reuters.com/article/idUSKBN0EZ2EU20140624?irpc=932

http://www.latimes.com/nation/la-na-no-fly-list-violates-rights-federal-ruling-20140624-story.html

http://www.npr.org/blogs/thetwo-way/2014/06/24/325216937/federal-judge-rules-no-fly-list-process-is-unconstitutional

http://www.oregonlive.com/portland/index.ssf/2014/06/no-fly_list_appeals_process_un.html