Partial victory against No Fly list
#1
Original Poster
Join Date: Mar 2013
Location: LAX
Programs: Thai Gold, UA, AA, SWA
Posts: 362
Partial victory against No Fly list
Judge rules air travel is a constitutionally protected right
http://bit.ly/14ArnGg
In my opinion it is time to take a second look at the process of being put on a no fly list where even babies are banned. This needs to be more equitable where people who are falsely accused get a right to appeal their case. Has the government gone too far? Your thoughts.
http://bit.ly/14ArnGg
In my opinion it is time to take a second look at the process of being put on a no fly list where even babies are banned. This needs to be more equitable where people who are falsely accused get a right to appeal their case. Has the government gone too far? Your thoughts.
#3
Join Date: Aug 2004
Location: Let me check my Logbook
Programs: Southwest Rapid Rewards; AAdvantage; Alaska Mileage Plan; Wyndham Rewards; Choice Hotels
Posts: 2,350
I hope this sticks and I hope the courts get up enough gumption to rule the no-fly list unconstitutional on its face.
#5
Join Date: Jun 2007
Location: Sydney, Australia
Programs: QFF, Velocity, Asiana
Posts: 296
While the right to travel freely is widely acknowledged, the government has contended that persons are not entitled to fly or even to use the most convenient mode of travel. But Brown rejected the idea that “all modes of transportation must be foreclosed before an individual’s due-process rights are triggered.” Such an argument is “unsupported,” she wrote.
When someone appeals their inclusion the government has a review process that is triggered, the person requesting the review is informed when the review is completed, but not the outcome or why. The only way to find out if their appeal was successful is to buy an air ticket and attempt to board a flight. The ACLU is arguing that due process is being violated, but to support that argument they needed to demonstrate that there was a right to air travel specifically, not just travel in general. The government was not contesting a right to travel (that's already been well established) just that there was no right to a particular mode of travel, so unless they cut off all access to travel, there was no problem. The court disagreed with the government's argument.