(9th Circuit) Court: Passengers can challenge no-fly list

[Newsjock]

Source: San Francisco Chronicle

Critics of the government's secret no-fly list scored a potentially important victory Monday when a federal appeals court ruled that would-be passengers can ask a judge and jury to decide whether their inclusion on the list violates their rights.

In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco reinstated a suit by a former Stanford University student who was detained and handcuffed in 2005 as she was about to board a plane to her native Malaysia.

The ruling is apparently the first to allow a challenge to the no-fly list to proceed in a federal trial court, said the plaintiff's lawyer, Marwa Elzankaly.

The decision would allow individuals to demand information from the government, present evidence on why they should not have been on the list, and take the case to a jury, Elzankaly said.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/18/BA2212DEQU.DTL

[mike_c]

1. I doubt that rotten mess can withstand much sunlight....

Hopefully this is the beginning of the end of the no-fly list.

[John Q. Citizen]

35. I have no problem with a watch list. They should arrest terrorists if they have the evidence.

But to keep people from flying and then let them walk away from the airport seems highly ineffective. Not much of a war on terror, just a way to keep a bunch of people off planes for no good reason really.

[The Stranger]

36. If someone commits a crime, arrest them. But prejudging and preconvicting people based on

"profiles" or "characteristics" is a fundamental violation of law and should never be condoned.

[susanna]

2. Good. n/t

[Wizard777]

3. I think it's fair. Sen. Ted Kennedy challenged his placement on the no fly list.

[ixion]

4. it's about freakin' time...

now can we disband TSA and DHS and get back to some freedom, please?

[annabanana]

5. People travelling to & from "hot spots" should carry a copy of the ruling.

Maybe it would help.

[patriotvoice]

6. OMFG! Individuals can demand information from their government?

And here I was thinking government accountability was an intrinsic part of democratic republics! Silly me.

[pleah]

7. K&R Good. n/t

[tanyev]

8. Individuals will be allowed to present evidence on why they should not have been on the list.

Uh....shouldn't the government be the one having to provide the evidence that there was any cause to put someone on the list?

[awoke_in_2003]

25. You are guilty until proven innocent...

9/11 changed everything :sarcasm:

[fudge stripe cookays]

28. That's the first thing I thought!

How the hell do you know what got you there in the first place?

:hi: tanyev!

[mmonk]

30. Yep. But in the new America, up is down.

[UpInArms]

9. the no-fly list is a discriminatory tool which convicts without

evidence or trial anyone who has been placed upon it without disclosure

[raebrek]

10. I myself

Just don't want to fly anymore.

Raebrek!!!

[TechBear_Seattle]

11. Why can't I recommend this twice?

This decision NEEDS to be disseminated as widely as possible. It is very, very important that the people affected by this bit of fascism learn that, at long last, they have constitutional rights.

[Mabus]

13. Since you can't

I'll give it mine.

[Gman]

12. What they'll do

is remove someone from the list making the case moot, then place them back on the list causing a new lawsuit. They can play cat and mouse with it forever.

[peacetalksforall]

14. Let me state again the ranking of tourism in world industry. What the

Cheney police state with its two opposing extremes has done to this country is tragic. At the one end its a joke with its duct tape and colors and imems and ottegimmicks, plus Cheroff - at the other we have human tragedies, death by tasers, lock-ups, and a reputation that is falling into a horrible black hole. It is evil, not protective. It's a war against the citizens. It's almost like revenge is being taken on us.

I'd like to know why the tourism industry is not speaking out.

Is Chertoff getting a cut of the penalty the airlines are getting for the missed flights and rebookings?

It's a demeaning, rights stealing, tragic joke.

[bluesmail]

15. Being manhandled by nazi's in TSA uniforms

Told to do something that will ruin my trip? No thanks, not any longer. Besides the economy has helped make the decision. I willingly put myself on my own 'No Fly List'.

[AzDar]

16. About forkin' time!

:thumbsup:

[tomp]

17. by what right does a no-fly list even exist? nt

[knitter4democracy]

18. It's time to get rid of this thing.

For Republicans who always complain of big government, they sure love their big government that's doing all it can to destroy the Constitution. Time to get rid of DHS.

[suffragette]

19. K&R

[L0oniX]

20. I'd like to see the no fly list but of course it's secret until you pay for a ticket and try to fly.

[napi21]

21. With the # of people who HAVE ACCESS to that list, I'm amazed

that more info hasn't been revealed! AFAIK, every thicket counter agent has access and certainly the people responsible for adding new names do, and who knows how many others! So FEW things can be kept secret in this Country when so many can access the data, I wonder why much more info hasn't leaked out?

[bean fidhleir]

22. Which means, as usual, the poor only have rights on paper (nt)

[baldguy]

23. How?

It's a secret how & why you got on the list. It's a secret who maintains it. And its a secret how to get off it.

[dave123williams]

24. ATTENTION RETHUGLICANS: THIS IS AMERICA, AND WE DON'T DO SECRET LISTS HERE.

Not any more. Your view of patriotism, apparently, is to destroy this nation in order to save it for 'the right kind of people'.

We should unceremoniously throw you out for what you've done.

[valerief]

26. Ah, gotta love election years. I wonder what the thugernment will do

after they steal the election this year. Repeal the rights.

[tigereye]

27. excellent news!

[truedelphi]

29. If I remember correctly, one of the early news articles, right after 9/11,

San Francisco Chronicle? was saying that probably a person's credit history could be a key element in whether you are someone who needs to be on the 9/11 list.

And don't forget, Rumsfeld wanted for there to be religious and environnmental activists on the no fly list, and he wanted those "elements" branded as terrorists, as well.

Edited because I can't spell "correctly" correctly!

[lonestarnot]

31. 9th Circuit! Woot!

:loveya:

[EFerrari]

32. San Francisco Liberals!

lol

:applause:

[lonestarnot]

34. Woohoo! Left my heart there, and

I've never been there! :rofl: :hifivesfp:

[followthemoney]

33. Does this mean the "War on Tourism" is almost over? nt

[Supersedeas]

37. the Courts are intruding on Muck-muck Mukasey's Total Info Awareness program