It isn't unconstitutional since you don't have a right to fly since it's a private endeavour, even though it's highly regulated. Clearly the are abusing it as punitive rather than preventative measure. it's stupid in this case that it's being used as a punishment for no good reason. Congress need to address this and give a much better definition for what can be used to "put you on the no fly list"
...or the courts need to wake up to the reality of life in the modern world, where being denied the ability to board an airplane can result in harm to a person's personal and professional life. My boss is great but there is no way he is approving a 5 day trip on Amtrak for my next in-person meeting in California, let alone weeks of travel by boat for the next conference in Europe or Asia (assuming these things resume after the pandemic). I have met people whose entire career would be destroyed if they could not fly freely and frequently.
If the courts are not prepared to rule the no-fly list unconstitutional, then they need to start awarding damages to people who have been placed on the list. Either the government proves in court that there was a legitimate reason to prevent a person from flying or they compensate that person for all the harm that ensues.
