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Rights group files suit over U.S. no-fly list
Reuters ^ | June 30, 2010

Posted on 07/01/2010 6:14:00 PM PDT by Free ThinkerNY

ATLANTA (Reuters) - The American Civil Liberties Union on Wednesday filed suit over the U.S. government's "no-fly list," saying it violates individuals' rights.

The suit, filed on behalf of 10 U.S. citizens or lawful residents, says thousands have been barred from commercial air travel with no chance to address the basis for their apparent inclusion on the list.

An ACLU lawyer on Wednesday said the complaint was the first to be filed on behalf of U.S. legal residents seeking systemic reform and raising the issue of constitutionality because of the lack of a procedure for people to challenge their inclusion on the list.

At least one previous suit has been filed by a noncitizen in a bid to get herself removed from the list.

People on the no-fly list, which came into existence after the September 11, 2001, attacks, are banned from flying inside the United States as well as to and from the country.

"This the first systemic suit ... saying look, it's unconstitutional that the government doesn't give you a way to get off," said Nusrat Choudhury, an attorney with the National Security Project of the ACLU.

She said the 10 plaintiffs had been placed on the list sometime this year and do not know why they are on it. She also said government reports indicate the list has swelled since last year's attempted Christmas Day bombing of a U.S. airliner flying from Amsterdam to Detroit.

Plaintiffs "don't have a way to tell the government that they shouldn't be on this list and to find out the reasons why and stand up for themselves," Choudhury said.

Defendants named in the suit are U.S. Attorney General Eric Holder, FBI Chief Robert Mueller and Timothy Healy, the director of the Terrorist Screening Center

(Excerpt) Read more at publicbroadcasting.net ...


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1 posted on 07/01/2010 6:14:03 PM PDT by Free ThinkerNY
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To: Free ThinkerNY

somehow this list smells of ‘punishment’ without having being accused of a crime.


2 posted on 07/01/2010 6:20:39 PM PDT by Repeal The 17th (If November does not turn out well, then beware of December.)
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To: Free ThinkerNY
Plaintiffs “don't have a way to tell the government that they shouldn't be on this list and to find out the reasons why and stand up for themselves,”.

Well, I suggest that they move back to whatever third world hell hole they came from, stop building suicide vests, and write a nice letter asking to be removed from the list. Oh, and maybe change their names to something other than “Nusrat Choudhury”.

3 posted on 07/01/2010 6:22:30 PM PDT by bitterohiogunclinger (America held hostage - day 507)
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To: bitterohiogunclinger

6-year-old girl on ‘no fly’ list:
http://www.freerepublic.com/focus/f-chat/2542171/posts
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http://www.upi.com/Odd_News/2010/06/26/6-year-old-girl-on-no-fly-list/UPI-90481277534674/
-


4 posted on 07/01/2010 6:25:40 PM PDT by Repeal The 17th (If November does not turn out well, then beware of December.)
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To: Free ThinkerNY
look, it's unconstitutional that the government doesn't give you a way to get off,"

Not gonna touch that one ...... /laughs

5 posted on 07/01/2010 6:33:18 PM PDT by Mr_Moonlight
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To: Free ThinkerNY

They do have a point. People on the no-fly list are being denied their liberty without due process.

I understand the need for security, and nobody after 9-11 will deny the potential consequences, but this double-secret no-fly list with no means for due process is too ripe for abuse and misuse by a potential police state.


6 posted on 07/01/2010 6:34:09 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: Free ThinkerNY

You do not have a civil right to fly, any more than you have a civil right to drive a car.


7 posted on 07/01/2010 6:42:31 PM PDT by tcrlaf (Obama White House=Tammany Hall on the National Mall)
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To: Free ThinkerNY

You do not have a civil right to fly, any more than you have a civil right to drive a car.


8 posted on 07/01/2010 6:42:32 PM PDT by tcrlaf (Obama White House=Tammany Hall on the National Mall)
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To: Free ThinkerNY

You do not have a civil right to fly, any more than you have a civil right to drive a car.


9 posted on 07/01/2010 6:42:37 PM PDT by tcrlaf (Obama White House=Tammany Hall on the National Mall)
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To: Repeal The 17th

There are a lot of Issues I have with the ACLU,

But being unable to petition to get off the list seems to deprive one of “Due Process”.

Resolving the Due Process Issue Still leaves a “Prior Restraint” Issue.

Whether or Not these Constitutional Rights should apply to persons that are Not US citizens Is another Issue.

Many are now saying that Constitutional Rights apply to anyone anywhere in the World, I have a Problem with that.


10 posted on 07/01/2010 6:44:54 PM PDT by SwedeBoy2
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To: Free ThinkerNY
"The suit, filed on behalf of 10 U.S. citizens or lawful residents"...

WTF is that..."lawful residents"?

I'm sure the passengers in the three planes that went down on 9/11, not to mention those in the target buildings would be all for the "no fly" list, and wouldn't give a damn about the "civil rights" of suspicious people on board.
11 posted on 07/01/2010 6:52:59 PM PDT by FrankR ( If we don't stand up to tyranny, the tyrants win, and we're enslaved.)
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To: Mr_Moonlight

No doubt Kagan is just burning up for the chance to write the Majority Opinion on that one ~ about the “getting off” part ~ it’ll be a laugh riot!


12 posted on 07/01/2010 7:06:43 PM PDT by muawiyah
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To: Mr_Moonlight

No doubt Kagan is just burning up for the chance to write the Majority Opinion on that one ~ about the “getting off” part ~ it’ll be a laugh riot!


13 posted on 07/01/2010 7:06:59 PM PDT by muawiyah
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To: SwedeBoy2
As a potential passenger I still don't want anyone who was ever on that list to get onto a plane with me ~ UNLESS I am fully informed of their identity and the reason they were initially banned.

Also, they gotta seat me immediately behind them and give me a gun ~ a large caliber gun ~ maybe a shotgun.

If there's more than one of 'em on the plane, I want a full refund and a bonus ticket 'cause it's time to get off!

14 posted on 07/01/2010 7:15:19 PM PDT by muawiyah
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To: Free ThinkerNY; Beckwith; Fred Nerks
I rarely agree with the ACLU's process, but they are right about this issue. There needs to be a better way to have a review of why a person is put on the list, and a hearing process to be taken off it.

Otherwise the fascist administration will use it for political punishment, rather than fighting "enemy combatants" as they call them , terrorists being the better word. Legitimate political opponents of the fascist Barry Soetoro administration could find themselves unable to travel and campaign against him. Yes, Barry is about to have many "enemy combatants" arrayed against him.

The same goes for the executive power to shut down the internet whichi is being touted in Senate committee , or to unilaterally spy on the e-mails and telephone conversatiosn under the guize of terrorism.Too much of this ability is capable of being used by the executive branch to investigate political opponents IMHO.

Perhaps the ACLU has mistakenly actually fallen into a case that will acyually preserve liberty above and beyond their usual political correctness fiascos.

15 posted on 07/01/2010 7:17:08 PM PDT by Candor7 (Obama .......yes.......is fascist... ...He meets every diagnostic of history)
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To: muawiyah

I understand your point of view.

Perhaps there should be a Vote of all the Passengers prior to takeoff.

There is No Right to Fly.

If we have a Right to be informed as to what is in a Can of Peas, Each passenger certainly has a Right to be Safe and fully Informed of any potential Risks when Flying.


16 posted on 07/01/2010 7:23:05 PM PDT by SwedeBoy2
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To: Candor7
Let me add I do not believe it is fair to force unknowing passengers to board planes with ACLU members.

They should be marked with large red targets ~ just in case something happens we'll know who to toss out first.

17 posted on 07/01/2010 7:31:47 PM PDT by muawiyah
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To: muawiyah

Agreed. And for heavens sakes, no parachutes for them either.


18 posted on 07/01/2010 7:33:05 PM PDT by Candor7 (Obama .......yes.......is fascist... ...He meets every diagnostic of history)
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To: bitterohiogunclinger

Many American citizens wind up on these lists, including anyone named Jack Baldwin, David Nelson, Alexandra Hay, etc. because someone with one of those names is wanted for something (not necessarily related to airport security).

These lists have been out of control for quite some time.


19 posted on 07/01/2010 7:52:29 PM PDT by july4thfreedomfoundation (The rallying cry of American patriots.....REMEMBER IN NOVEMBER!)
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To: Free ThinkerNY
Photobucket
20 posted on 07/01/2010 9:05:10 PM PDT by sionnsar (IranAzadi|5yst3m 0wn3d-it's N0t Y0ur5:SONY|Remember Neda Agha-Soltan|TV--it's NOT news you can trust)
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