USA: court finds 'No Fly List' unconstitutional

Michael Wukoschitz's picture

A federal judge in Orgeon struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion. The decision came in an American Civil Liberties Union (ACLU) lawsuit brought on behalf of 13 Americans who found themselves on the list without any notice, reasons, or meaningful way to get off it. 

The judge ordered the government to create a new process that remedies these shortcomings, calling the current process “wholly ineffective” and a violation of the Fifth Amendment's guarantee of due process. The ruling also granted a key request in the lawsuit, ordering the government to tell the ACLU’s clients why they are on the No Fly List and give them the opportunity to challenge their inclusion on the list before the judge.

Source: ACLU press release of June 24, 2014

Full text of ruling in case Latif et al v. Holder et al available here>>.

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