Will This Class-Action Suit Fly?


The ACLU files a class-action lawsuit against the government's "no-fly" lists. From their press release:

A member of the military, a retired Presbyterian minister and a college student are among seven U.S. citizens who have joined the first nationwide, class-action challenge to the government's ?No-Fly? list filed today by the American Civil Liberties Union.

?This case is about innocent people who found out that their government considers them potential terrorists,? said Reginald T. Shuford, an ACLU senior staff attorney who is lead counsel in the case. ?For our clients and thousands like them, getting on a plane means repeated delays and the stigma of being singled out as a security threat in front of their family, their fellow passengers and the flight crew.?
Named as defendants in the lawsuit are Department of Homeland Security Secretary Tom Ridge and Transportation Security Administration Director David M. Stone and their respective agencies.

The No-Fly list is compiled by the TSA and distributed to all airlines with instructions to stop or conduct extra searches of people suspected of being threats to aviation. Many innocent travelers who pose no safety risk whatsoever are stopped and searched repeatedly.

The ACLU is asking the court to declare that the No-Fly list violates airline passengers' Constitutional rights to freedom from unreasonable search and seizure and to due process of law under the Fourth and Fifth Amendments. The ACLU is also asking the TSA to develop satisfactory procedures that will allow innocent people to fly without being treated as potential terrorists and subjected to humiliation and delays.

I can imagine the same line of thought that Judge Susan Illston used against John Gilmore's lawsuit challenging I.D. requirements to get on airplanes might be used to squash this suit as well, but good luck, ACLU.