However, some persons have claimed that their alleged placement on the list was the result of an erroneous determination by the government that they posed a national security threat. In some cases, it has been reported that persons have been prevented from boarding an aircraft because they were mistakenly believed to be on the No Fly list, sometimes on account of having a name similar to another person who was actually on the list. People on the first are prohibited from boarding an American airline or any flight that comes in contact with U.S. territory or airspace. Revised Redress Process

The original redress process was challenged by a number of individuals denied boarding, including on the grounds that it purportedly violated the Due Process Clause of the Constitution. Select Legal Issues Implicated by the No Fly List

The Fifth Amendment of the U.S. Constitution provides that no person shall be "deprived of life, liberty, or property, without due process of law." The right to international travel is nonetheless a "liberty protected by the Due Process Clause." Several federal courts, however, have distinguished certain challenges to placement on the No Fly list from this case and determined that placement on the No Fly list can deprive someone of a constitutionally protected liberty interest in international travel. This usually requires the government to provide the person with notice of the deprivation and an opportunity to be heard before a neutral party. When determining the proper procedural protections in a given situation, courts will weigh the private interests affected against the government's interest. In Mathews v. Eldridge , the Supreme Court articulated the balancing test for deciding what procedural protections are required when the government deprives someone of life, liberty, or property. Risk of Erroneous Deprivation and Value of Additional Procedures

A court would next examine the risk of an erroneous deprivation of liberty under the current procedural framework and the potential value of imposing additional procedures on the process. Some plaintiffs who have challenged their alleged placement on the No Fly list have argued both that the current standard used to place someone on a No Fly list entails a high risk of error, and that the current procedure afforded those seeking to challenge their placement on the No Fly list creates a high risk of an erroneous deprivation. The government also has an interest in protecting sensitive national security information. The adequacy of the new DHS TRIP redress process has also been challenged as violating the Due Process Clause. In order to conduct this balancing test, courts often examine an extensive list of factors.
In order to protect national security, the government maintains various terrorist watchlists, including the "No Fly" list, which contains the names of individuals to be denied boarding on commercial airline flights. Travelers on the No Fly list are not permitted to board an American airline or any flight on a foreign air carrier that lands or departs from U.S. territory or flies over U.S. airspace. Some individuals have claimed that their alleged placement on the list was the result of an erroneous determination by the government that they posed a national security threat. In some cases, it has been reported that persons have been prevented from boarding an aircraft because they were mistakenly believed to be on the No Fly list, sometimes on account of having a name similar to another person who was actually on the list. As a result, various legal challenges to placement on the list have been brought in court.
The Due Process Clause of the Constitution provides that no person shall be "deprived of life, liberty, or property, without due process of law." Accordingly, when the government deprives someone of a constitutionally protected liberty interest, it must follow certain procedures. Several courts have found that placement on the No Fly list may impair constitutionally protected interests, including the right to travel internationally, and that the government's redress procedures must therefore satisfy due process. Typically, due process requires that the government provide a person with notice of the deprivation and an opportunity to be heard before a neutral party. However, the requirements of due process are not fixed, and can vary according to relevant factors. When determining the proper procedural protections in a given situation, courts employ the balancing test articulated by the Supreme Court in Mathews v. Eldridge, which weighs the private interests affected against the government's interest. Courts applying this balancing test might consider several factors, including the severity of the deprivation involved in placement on the No Fly list. In addition, courts may examine the risk of an erroneous deprivation under the current procedural framework and the potential value of imposing additional procedures on the process. Finally, courts may inquire into the government's interest in preserving the status quo, including the danger of permitting plaintiffs to access sensitive national security information.
The government has established a redress process—known as DHS TRIP—for individuals who wish to challenge their treatment at transportation hubs. A prior version of these procedures was found by a number of courts to violate the Due Process Clause. The government has since revised DHS TRIP, although these new procedures are also being challenged in federal court. Litigation is further complicated by several legal issues, such as the state secrets privilege, that can bar plaintiffs from accessing certain information during litigation.