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I disagree. No matter the circumstances, the government should not be levelling penalties against a person unless that person has 1) committed a crime and 2) the no-fly penalty is defined by legal statute and sentenced by a judge with all the constitutional protections that entails. Not by a private corporation and its employees.

In this case, it seems like only #1 is fulfilled, or at least I'm not aware of any law that has no-fly as a penalty. I know, there's the normal no-fly list but I already don't understand how that passes constitutional muster as a penalty via administrative rather than criminal/legal processes.



> No matter the circumstances, the government should not be levelling penalties against a person unless that person has 1) committed a crime

That is, even without further conditions, a fairly extreme position (“public civil penalties should not exist”.)


Public civil penalties are subject to constitutional rights in the legal system and due process, and are also determined by legal statute. I don't have a problem with that.

Perhaps I should have said "1) broken the law", as there are criminal laws & penalties along with civil ones. Whatever the penalty levelled against someone by the government it should stem from legal statute and constitutional due process. If I can go to court and state my case before a judge regarding a speeding ticket and minor fine, I should certainly be afforded that opportunity before I am banned from a major form of transportation all together.




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