Federal Judge Rules No-Fly List Process Is Unconstitutional

A federal judge in Oregon says the process surrounding the federal government’s “no-fly list” is unconstitutional.

Specifically, U.S. District Judge Anna Brown said the process doesn’t give Americans on the list an effective way to challenge their inclusion. Full Article

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Here an article on


Judge: No-fly list violated constitutional rights

The U.S. government deprived 13 people on its no-fly list of their constitutional right to travel and gave them no adequate way to challenge their placement on the list, a federal judge said Tuesday in the nation’s first ruling finding the no-fly list redress procedures unconstitutional.

U.S. District Court Judge Anna Brown’s decision says the procedures lack a meaningful mechanism for people to challenge their placement on the list.

If I remember my history, the late 30’s was when Hitler halted all travel out of Germany and German held areas by all of their Jew “citizens”?

I was just coming here to post this ruling myself, but you guys beat me to it. I will simply add the link to the Los Angeles Times story on it:


Key info there to work this to the benefit of registrants, who are now being effectively blocked from traveling to other countries by the US sending info that you are a registrant (and who knows who other info, which might or might not even be accurate) to other countries when you board the plane (and you don’t even find out until AFTER you arrive, are rejected and sent back):

“Therefore, she said, the government must change its procedures to allow U.S. citizens who find themselves on the no-fly list to challenge the designation.

“She ordered the government to come up with new procedures that protect citizens’ due-process rights without jeopardizing national security. Passengers must be given notice of their inclusion on the list and a rationale for the designation and be allowed to submit evidence to challenge it, Brown said.”

If due process is required before listing someone who is supposedly linked to terrorists, then it certainly is for someone who was convicted of a sex offense but has completed their sentence, especially if just a misdemeanor. AND, very importantly, they simply must notify YOU before they set you up to have your information sent to other countries after you board the plane. To not even find that out until you have spent a LOT of money, organized other people, and arrive in the other country itself is criminal! To be caught by surprise like that and suffer such a huge loss of money and interfere with everyone else you might have been involved with for that trip is far worse than simply not letting you board!

And once a registrant is notified — which must be long enough in advance for a reasonable opportunity to challenge — they must be allowed due process, and not have to show a pardon or and application for one (which is what a certificate of rehabilitation is).

What I just said is MINIMAL. In reality, this information should never be sent regardless! The GOVERNMENT has freed you after your sentence is completed. They can’t then LOCXK you into any particular place, as they are doing by making impossible for you to go to another country.

Wow, SCOTUS is on a roll of positivism…

Supreme Court bans warrantless cell phone searches, updates privacy laws

Keep it coming! 🙂

This federal judge keeps our Constitution alive and well…thank you for that HomeRun for all people.

I fail to see how this is remotely relevant. A registrant is not barred from flying anywhere. You can board any flight as long as you have a ticket, acceptable ID and no outstanding warrants (and have complied with state law regarding notification if any, hence, no warrants). Within the US there should be no issue whatsoever.

The US routinely turns away people from all over the globe with criminal convictions attempting to enter the country. The plaintiffs in this case were on a no-fly list because of certain suspicions. All the government is doing to RSOs is inform their foreign friends of certain facts / convictions. No more, no less. Call it neighborly concern??

The only thing is that a foreign country may deny you entry if they so choose. Some will and some won’t. You are free to travel there to find out. Any foreign country is well within their rights to refuse entry to anyone they wish – that is what sovereign nations get to do. When that happens you get to turn right around, board another aircraft and come right back. Actually, that is the exact opposite of a ‘no-fly’ list – fly twice on the same day 🙂

Sure you are hassled at re-entry, but never prohibited from re-entering the US. Maybe some day soon?

Maybe I am missing something but I do not see the relevance. A much needed, probably temporary, respite from the descent into a complete police state, yes, but nothing pertaining to RSO issues.

I think the main RSO issues are finding employment, getting a home with a roof in a safe neighborhood, not living in fear for your life or your families lives, being able to move from one part of the country to another without having to notify police of your every move, being able to use a park or library, not being put in jail for things that are not crimes for other people, not having to explain why you are not a monster to those who see your name on the list. If you can travel internationally, more power to you. Maybe I got it wrong, but I think most RSO’s can only dream of that.

I see a loose connection for sex offenders.

But I’d really love to know what data other countries have access to.

Is it our full history? Only if we are still registered? Is it attached to our passport or do they search by name?