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No-Fly List Ruled Unconstitutional by Federal Judge

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airport.jpgnoflyOn Tuesday, U.S. District Court Judge Anna Brown ruled the no-fly list to be unconstitutional, as international air travel is a “sacred” right protected by the U.S. constitution. The no-fly list is a list of over 10,000 names.

About 500 of these names are U.S. citizens who have been deemed a threat for a suspected link to terrorist activity. These individuals are not permitted to fly. However, many of the names listed are spelled incorrectly or they are names that are very similar to other names, making it easy for the wrong people to be affected.

Prior to the ruling, if someone felt they were wrongfully labeled on the no-fly list, they could challenge their no-fly list status. They could go through a lengthy process that includes filing a complaint with Homeland Security. If the individual’s case was considered appropriate, then they had to go through a federal court process.

These individuals are not allowed to know any details about why they are on the list. Needless to say, a lot can go wrong in this process.

Judge Brown cited a recent case in which several American Muslims, many of whom were military veterans, were not allowed to board aircraft but were not told if they were on the list or why. None of these people have ever been charged with terrorism-related offenses.

Brown’s opinion does not guarantee that a person will be removed from the no-fly list.

But it does ensure a more simple process to challenge a no-fly list status. Now, when individuals challenges their status on the no-fly list, their lawyers can be given more information. If the lawyers have the right clearance, they can learn if and why an individual was placed on the no-fly list.

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By Kandice Martellaro for PeterGreenberg.com

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