Common Dreams reports
A federal court on [October 26] ruled that a Michigan man can challenge his inclusion on the government's "No Fly List", in a move that is being celebrated as a victory for the hundreds of U.S. citizens assigned to that secretive list, as well as the countless Arab-Americans routinely subjected to similar racial profiling.
Reversing a previous district court ruling, [6th] Circuit Judge Julia Smith Gibbons ordered (pdf) "further proceedings" in the case of Saeb Mokdad, a Lebanese-American who since September 2012 has been prohibited three times from boarding a plane to visit his family in Lebanon.
[...] There are currently as many as 47,000 people currently on the U.S. government's "No Fly List" according to documents[1] leaked to The Intercept last year, including 800 Americans.
[1] Content is behind scripts.
(Score: 5, Insightful) by Runaway1956 on Wednesday October 28 2015, @09:26AM
Among the many rights mentioned in the US Constitution and the Bill of Rights, is the concept of "due process". The right to face your accusers, the right to question your accusers, the right to present evidence against charges laid against you. Due process.
Permitting secret kangaroo courts to pass judgement on a person is most definitely not due process.
Permitting some agent or agency to pass judgement is not due process.
And, there is no getting around the fact that placing someone on a no-fly list is a judgement. In some cases, that judgement might not even be noticed by the person being judged, while in other cases, the judgement may be an onerous burden.
And, don't even try to tell me that "There's no "right to fly" in the constitution!" Liberty - freedom - the moment those kangaroo courts tell you that you can't perform some act, whether it be picking your nose, of boarding an aircraft, they have infringed on your liberties.
No judge in the United States should ever have signed off on any no-fly list without holding a trial first.
(Score: 2) by mhajicek on Wednesday October 28 2015, @11:21AM
Freedom of movement:
https://en.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law [wikipedia.org]
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
(Score: 0) by Anonymous Coward on Wednesday October 28 2015, @01:48PM
Doesn't say airplane... You can still move with your feet or even swim (if it's across the pond)
(Score: 0) by Anonymous Coward on Wednesday October 28 2015, @07:58PM
The constitution also doesn't say the government can force you to surrender your constitutional rights before you're allowed to engage in some perfectly innocent activity (like getting on a plane) simply because some people do bad things. It also doesn't say the government can arbitrarily punish you without due process, and in fact says just the opposite. Both the TSA and no-fly lists are completely unconstitutional.
(Score: 0) by Anonymous Coward on Wednesday October 28 2015, @09:45PM
The Constitution doesn't specifically mention bicycles either.
By GP's "logic", any authoritarian can arbitrarily forbid those as well.
Your short list omits the FISA Courts^W Star Chambers [wikipedia.org] which are at the heart of these unconstitutional abuses.
A lot of folks don't know that those have been around since 1979 [wikipedia.org]
...and that it was Teddy Kennedy that introduced the bill that invented them.
-- gewg_