Judge: No-Fly List Violates Constitutional Right to Travel
A federal judge held that the redress procedures for the U.S. government’s no-fly list are unconstitutional and that the list itself deprived 13 people of their constitutional right to travel.
In 2010, 13 people, including four military veterans, challenged the government concerning their placement on the list. In her 65-page opinion issued Tuesday, U.S. District Court Judge Anna Brown wrote that current procedures provide inadequate means for appeal.
Judge Brown ordered the government to come up with a new way for the plaintiffs to contest their inclusion on the list, and required the government to give notice to the plaintiffs that they are on the list as well as the reasons for their inclusion. The government must permit the plaintiffs to submit evidence that refutes the government’s suspicions.
The no-fly list prohibits people from flying in or through U.S. airspace.
The ruling marks the first time that a court has held that the redress procedures were in fact unconstitutional.
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