District Judge Anna J. Brown ruled in favor of the plaintiffs saying that air travel is a “sacred” liberty protected by the U.S. Constitution
*Oregon federal judge ruled Tuesday that international air travel is a “sacred” liberty protected by the U.S. Constitution and ordered the government to amend its rules governing the so-called no-fly list, which seeks to prevent suspected terrorists from boarding airlines.
In the first such ruling of its kind, U.S. District Judge Anna J. Brown in Portland said that “international travel is not a mere convenience or luxury in this modern world. Indeed, for many, international travel is a necessary aspect of liberties sacred to members of a free society.”
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.*