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Federal Judge Rules US No-fly List Violates Constitution
New submitter dmitrygr sends this news from Reuters: The U.S. government's no-fly list banning people accused of links to terrorism from commercial flights violates their constitutional rights because it gives them no meaningful way to contest that decision, a federal judge ruled on Tuesday. ... "The court concludes international travel is not a mere convenience or luxury in this modern world. Indeed, for many international travel is a necessary aspect of liberties sacred to members of a free society," [U.S. District Judge Anna Brown] wrote in her 65-page ruling (PDF). "Accordingly, on this record the court concludes plaintiff's inclusion on the no-fly list constitutes a significant deprivation of their liberty interests in international travel," Brown said.
Now let's hope that the ruling is respected. What are ways by which it couldn't be?
Liberty - Security - Laziness - Pick any two.
Finally someone (of note) says what everyone has been thinking (and saying).
Without the ability to challenge, it amounts to totalitarianism.
Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
Because the Bill of Rights, as written, is not a list of rights granted but, rather, a list of prohibitions on the new government.
There was a huge debate about listing any rights because it was thought that no list could be complete. The preamble to the Bill of Rights identifies why it exists:
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
Notice the important statement, "...further declaratory and restrictive clauses should be added..."
"Congress shall make no law..."
"...the right of the people to keep and bear Arms, shall not be infringed."
"No soldier shall..."
"...shall not be violated..."
These are all prohibitions on the newly formed government. A compromise was reached that required the inclusion of the 9th amendment, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This compromise is why all "retained" rights aren't listed and what allowed any rights to be listed; many who were negotiating the Bill of Rights were rightly fearful that the list would be seen as a "full" list of rights of the people.
The U.S. Constitution, as designed, granted powers from the people to the government. The compromise found within the Bill of Rights essentially listed a number of prohibitions so the new government absolutely knew that they could in no way interfere with this core set of rights.
Unfortunately, we've reached a point where many people believe that the U.S. Constitution confers rights from the government to the citizens rather than it's original purpose of conferring powers to the government from the people.
In 2004 senator Ted Kennedy appeared on the No Fly List. Apparently merely holding hearings on terrorism is reason enough to land on it!
Honest mistake. They thought it was a no-drive list.
It took this long before a judge was actually allowed to make a ruling on it.
In order for a judge to make a ruling, there has to be a court case first, the judges aren't allowed to initiate action on their own. In order for someone to bring a case against the list, they first have to prove that the list affects them (this is why the ACLU couldn't do anything on their own, because they themselves weren't on the list). The problem is that the list is completely secret, so there is no way of knowing someone is on the list until they actually try to fly somewhere and get stopped.
It's taken this long for someone to be officially stopped who had both the resources and the desire to challenge the list in court.
As somebody once said: the no-fly list is a list of people that are too dangerous to be allowed to fly, but not sufficiently dangerous to bring in and actually charge with some sort of crime.
In what universe does this even make any sort of sense? You think I associate with terrorists? Charge me. Don't pussy foot around and pretend that I'm some sort of quasi-danger but not important enough to bring up on charges. Either I'm a danger to society and should be arrested, or I'm not (and should be allowed to go wherever I want, using whatever means of travel I want, within the boundaries of the law.)
It's okay having a no fly list but not having a way to appeal being on it is an abomination.
So close, but so so far away. Let me help you: "No person shall ... be deprived of life, liberty, or property, without due process of law"
The definition of due process is beyond the scope of a /. post, but at a minimum it would require the right to be confronted with the evidence against you and a review by a judge and/or jury of your peers. Some bureaucrat in the national security apparatus adding your name to a list does not rise to the level of due process under any definition.
Oh, and guess what? The list is totally pointless anyway. Suspected terrorists from other countries could already be denied entry into the United States by the simple exercise of refusing to grant them a visa. Last time I checked you can't board an aircraft to the United States without valid travel documents and the appropriate visas.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
Judge Anna Brown
Think I'm kidding? How about that oh-so-convenient-but-WTF case where a witness to a case concerning the *legality of the No Fly List* was put on the No Fly list while the DOJ lied about the facts about the blocking, delaying her testimony [1].
The corruption in Washington has been festering for at least a dozen years. Forget Skynet - this is the dystopian menace that is going to ruin our world.
[1] https://www.techdirt.com/artic...
Make sure everyone's vote counts: Verified Voting
It gets more fun too
"Immigration officer fired after putting wife on list of terrorists to stop her flying home (31 January 2011)
http://www.dailymail.co.uk/new...
"US Has A 'Secret Exception' To Reasonable Suspicion For Putting People On The No Fly List" (Apr 17, 2014)
https://www.techdirt.com/artic...
That other list:
"DHS ‘hands off’ list allowed suspects with terror ties into U.S."
http://www.washingtontimes.com...
'Hands off' list? Senator questions whether DHS allowing those with terror ties into US (May 07, 2014)
http://www.foxnews.com/politic...
Domestic spying is now "Benign Information Gathering"
You want to know what I think is an abomination? Yeah, I know, nobody wants to know that, but I'm going to say it anyway. The requirement that one must have "standing" in order to challenge a law in court. That is BULLSHIT. Challenging laws should be EASY. Making them should be hard.
However once you combine incompetence with malice, then you have a solid foundation to create a government department.