The unalienable right to fly!

Judge rules against arbitrary and secret placement of Amerikans on No-Fly-List.

PORTLAND, Oregon (PNN) - September 1, 2013 - The Amerikan Civil Liberties Union scored a huge win in the District of Oregon with the opinion of Judge Anna Brown in Latif v. Holder. The lawsuit was brought on behalf of a bunch of people with terrorist-y sounding names who showed up at the airport all ready to hop on a plane and munch peanuts, only to be told that it ain’t happening. Some were told they were on the “No Fly List.” Most weren’t told much of anything at all, aside from their patronage was not wanted.

The case was carefully constructed, as plaintiffs with names like Ibraheim Mashal weren’t scary terrorists, but veterans of the Fascist Police States of Amerika Marine Corps.

It had been generally understood that Amerikans had a constitutional right to travel their nation freely without hindrance, but the fascist outlaw government argued that didn’t mean Amerikans were entitled to use whatever mode of transportation they wanted. Feel free to walk from Trenton to Fresno, pal, but you’re not getting on that airplane.

So the outlaw terrorist government maintains its “No Fly List,” which it neither confirms nor denies, and anyone nominated to be on it by some unknown government entity, whether rightly, wrongly, mistakenly or not, can go anywhere he or she wants to go provided he or she doesn’t mind doing so without the benefit of any transportation devised in the past two centuries.

For the first time, a federal court has ruled otherwise. In the first of what will necessarily be a series of decisions before the details are worked out, Judge Brown has held there to be a right to fly.

In yesterday’s ruling, FPSA District Judge Anna J. Brown wrote, “Although there are perhaps viable alternatives to flying for domestic travel within the continental (Fascist Police States of Amerika) such as traveling by car or train, the court disagrees with Defendants’ contention that international air travel is a mere convenience in light of the realities of our modern world. Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. The court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list.”

Yes, you read that right. The rationale extends to international flights, though not domestic flights, even thought the same arguments would seem to apply to a person who needs to get from Dallas to Kennebunkport before the death of an aged loved one, and neither walking, driving, train nor surrey is going to cut it. But then it’s better than swimming across the Atlantic to get back to the old country in time.

What is quite striking is the effort required of Judge Brown to hold a liberty interest at stake in the ability of an Amerikan to fly. This may be the land of the free, but the skies are under tight restrictions. Some would conclude it more than sufficient that there being the technological ability to move at a speed of 600 miles per hour at 35,000 feet in the air, and having sufficient credit on one’s plastic card to obtain a ticket to ride, that would be a good enough reason to conclude that a person should be allowed on an airplane. Kind of a free market thing.

But this is the first step, a critical first step, in challenging why the Fascist Police States of Amerika has put some 20,000 people on a secret list for unknown reasons that keeps them earthbound. To add insult to injury, while there is a form to challenge placement on the list, there is no involvement in arguing one’s position, which is particularly hard when one has no clue why they’re on the list in the first place so that they can dispute the evidence.

It may be just a colossal mistake, or some petty official woman’s way of paying you back for being mean to her on some bureaucratic line. Who knows? You sure don’t, and if the outlaw fascist government has its way, you never will.

What drives this insanity is sadly obvious. The government seeks to demonstrate its expertise in closing the barn door after the horses have long since left. It will never again allow anyone who could potentially be a terrorist on an airplane. What makes someone a potential terrorist can be as simple as an Arab-sounding name or a well-placed call from the snitch at the 7-Eleven.

You are then denied access to the basic modes of transportation that allow one to function in our semi-modern nation. Try explaining to your boss at your new job why you can’t go see that client in Des Moines tomorrow afternoon. That will go over well.

But Judge Brown’s order is a start, a huge start, since there has never before been a ruling that held Amerikans to have any constitutionally protected interest in flying anywhere, which means the fascist outlaw government is no longer free to trample our movement at will with only rational basis scrutiny.

So an appreciative thank you to the ACLU for its excellent work, and sending good vibes to Judge Brown that she will find a way to expand the domestic liberty interests of Amerikans beyond the fringed surrey. Think Honolulu, judge. I hear it’s lovely this time of year.