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Joined: 10 years ago
Posts: 1495
June 25, 2014 1:10 pm  

USA's no-fly list is unconstitutional, says federal judge in landmark ruling

Portland Imam Mohamed Sheikh Abdirahman Kariye, who is one of 15 men who say their rights were violated because they are on the U.S. government's no-fly list, leaves the United Sates Court of Appeals following oral arguments on the ACLU No Fly List challenge, in Portland, Ore. A federal judge has ruled Tuesday, June 24, 2014, that the U.S. government violated the rights of 13 people on its no-fly list by depriving them of their constitutional right to travel, and gave them no adequate way to challenge their placement on the list.

From wikipedia and an old post of mine here:

The Right to Travel

"As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights."

For Saenz v. Roe, "Justice Stevens, writing for the majority, found that although the "right to travel" was not explicitly mentioned in the Constitution, the concept was "firmly embedded in our jurisprudence." He described three components of the right to travel:

1. The right to enter one State and leave another;
2. The right to be treated as a welcome visitor rather than a hostile stranger;
3. For those who want to become permanent residents, the right to be treated equally to native-born citizens."

"United States v. Guest 383 U.S. 745 (1966) is a United States Supreme Court opinion, authored by Justice Potter Stewart, in which the court extended the protection of the 14th Amendment to citizens who suffer rights deprivations at the hands of private conspiracies, where there is minimal State participation in the conspiracy. The Court also held that there is Constitutional right to travel from State to State."

"The argument revolved around whether or not Congress intended to apply equal protection rights of the 14th Amendment to citizens deprived of said rights on public facilities—i.e. roads and bridges or interState commerce facilities—by private actors with the collusion of public actors, in this case police who responded to the murderers false reports that Penn and his cohorts had committed crimes."

"Shapiro v. Thompson, 394 U.S. 618 (1969), was a Supreme Court decision that helped to establish a fundamental "right to travel" in U.S. law. Although the Constitution does not mention the right to travel, it is implied by the other rights given in the Constitution. (Although the right was recognized under the Equal Protection clause in this case, pre-Fourteenth Amendment, the right to travel was understood as protected by the Privileges and Immunities Clause (Article IV), as a privilege of citizenship, and therefore might have been applied to the States under the Privileges or Immunities Clause of Amendment XIV, as J. Stewart wanted.)"

Privacy Act of 1974

"The Privacy Act of 1974, 5 U.S.C. § 552a, Public Law No. 93-579, (Dec. 31, 1974) establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by Federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a system of records absent the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements."

"The Privacy Act states in part: No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains..."

Concerning the "No-Do-This Lists", is, "The Privacy Act also states: Each agency that maintains a system of records shall—

1. upon request by any individual ... permit him ... to review the record and have a copy made of all or any portion thereof in a form comprehensible to him ...
2. permit the individual to request amendment of a record pertaining to him ...

Both of those conditions are, at best, notoriously hard for a US citizen to achieve with the No-Fly List.

Joined: 12 years ago
Posts: 8791
June 27, 2014 12:44 pm  

interesting. one man was on the list since 2010 without any idea of why he was on it. he had served our country in the service. he has finally been allowed to fly. still not knowing why he was on the list. you can put someone on the list, but good grief, let them know why

Linda J
Joined: 16 years ago
Posts: 3919
June 29, 2014 12:10 pm  

Not having any process for appeal always seemed weird to me. The entity that put you on should be able to justify doing so, if asked.

Joined: 12 years ago
Posts: 8791
June 30, 2014 9:46 pm  


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