Cases

Filter Cases
Advanced search

Federal Court Sides With ACLU in No Fly List Lawsuit

Court Recognizes Due Process Rights of Americans on List

August 29, 2013 – A federal court in Portland, Oregon ruled late yesterday that constitutional rights are at stake when the government places Americans on the No Fly List, agreeing with the plaintiffs in a lawsuit filed by the American Civil Liberties Union. That suit challenges the process for attempting to get off the list as unfair, inadequate, and unconstitutional. The decision also asked the ACLU and the government to submit additional information about the No Fly List redress procedure in order to help the court decide the ultimate question of whether it satisfies the Fifth Amendment's guarantee of due process.

"This decision is a critically important step towards vindicating the due process rights of Americans on the No Fly List," said ACLU Staff Attorney Nusrat Choudhury, one of the attorneys who argued the case in June. "For the first time, a federal court has recognized that when the government bans Americans from flying and smears them as suspected terrorists, it deprives them of constitutionally protected liberties, and they must have a fair process to clear their names. The No Fly List procedures violate due process because the government refuses to provide any explanation or a hearing for innocent Americans to challenge their inclusion, and we look forward to making that case to the court."

August 29, 2013

ACLU Supports Governor’s Moratorium in Death Penalty Case

December 2012 - The ACLU Foundation of Oregon has filed a friend of the court (amicus) brief with the Oregon Supreme Court urging it to state that a death-row prisoner’s acceptance is not required for the Governor’s reprieve of his death sentence to become effective.

January 26, 2013

Gasque v. City of Portland

Vindication in “Know Your Rights” Case

November 7, 2012 - Nearly three years to the day after he was arrested in Old Town in downtown Portland for refusing to consent to a Portland police officer’s request to search him without probable cause, Jose Gasque received justice in a Multnomah County courtroom.  

November 8, 2012

ACLU of Oregon v. Sheriff Winters

ACLU Settles Public Records Case With Jackson County Sheriff

June 14, 2012 - Public records requests are a vital part of our democratic process, and an integral part of the ACLU’s work. The ACLU’s May 2012 settlement with Jackson County, following a favorable circuit court decision by Judge Daniel Harris, vindicated the right of the ACLU, as well as all Oregonians, to access public documents.

June 14, 2012

ACLU No Fly List Challenge Argued in Appeals Court in Portland

May 11, 2012 – The American Civil Liberties Union argued in a federal appeals court Friday morning that its challenge to the government’s secretive No Fly List should be reinstated. The ACLU represents 15 U.S. citizens and permanent residents, including four military veterans, who are banned from flying to or from the U.S. or over American airspace, causing great personal hardship. They have never been told why they are on the list or given a reasonable opportunity to get off it.

The national ACLU, along with its affiliates in Oregon, Southern California, Northern California and New Mexico, filed the lawsuit against the FBI, which creates and controls the list. In May 2011, the district court in Portland dismissed the case for lack of jurisdiction, ruling that the lawsuit should have been filed against the Transportation Security Administration, which administers the redress process for travelers denied boarding.

May 10, 2012