No-fly list unconstitutional: Judge says redress procedures are inadequate.

No-Fly List System Ruled Unconstitutional

No-Fly List System Ruled Unconstitutional

The Slatest has moved! You can find new stories here.
The Slatest
Your News Companion
June 24 2014 6:51 PM

No-Fly List System Ruled Unconstitutional

JFK Airport in New York.

Spencer Platt/Getty Images

A federal district judge in Oregon ruled today that the federal government violates the Constitutional rights of individuals on the so-called "no-fly list" by providing inadquate means for appealing their status. Plaintiffs in the case were represented by the ACLU. From The Oregonian:

In a 65-page opinion issued Tuesday, U.S. District Judge Anna 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.

The Atlantic's libertarian-leaning Conor Friedersdorf wrote entertainingly if aggressively in 2012 about the convoluted and secretive no-fly system. Long story short: the government can stop you from flying without telling you why it did so, and your "appeal" won't include an opportunity to present evidence that you are not a terrorist.

It does not appear that federal use of the list will be suspended while the government develops an appeals procedure.