Originally Posted by
Boggie Dog
You may be stating the legal side of this correctly but I don't think it is right or proper for government to be making secret lists of citizens that will be barred from basic civil rights.
Certainly doesn't complete the picture of a free nation that I was brought up to believe in or spent a career defending.
Don't get me wrong, I don't believe the no fly list is good policy, or something the government should be doing.* I was merely making the point that, to challenge either the existence of the list, or one's placement on it, you're going to need standing.
*Except perhaps in extreme cases, where there's a real, demonstrable, specific concern that someone wants to attack aviation, but there's a good reason that the person can't/shouldn't be arrested right now (i.e. an ongoing investigation into potential accomplices, etc.). Certainly, addition to such a list should require application to a genuine independent party to review the need for the addition (i.e. like FISA is intended to be, not the rubber stamp it actually is).