|
Making the No Fly List Fly: A Due Process Model for Terrorist Watchlists |
|
|
|
|
Justin Florence [View as PDF]
|
115 Yale L.J. 2148 (2006)
Since 9/11, the federal government's use of terrorist watchlists has constrained the liberty of thousands of American travelers and transportation workers. While watchlists make sense for security purposes, they have a pair of troubling side effects: Individuals may be listed by mistake, and once on a list it is not easy to get off. This Note argues that all people kept from working or traveling by government use of terrorist watchlists have a due process right to receive meaningful procedural protections, including notice of their status and a fair hearing. The Note then proposes model procedures that protect both constitutional liberties and national security.
|
