Any inconvenience governments can impose will eventually be abused as a tool of arbitrary punishment. Take, for example, the no-fly list and related watchlists, which are supposed to contain the names of known and suspected terrorists so they can be monitored and their movements restricted. From day one, placement on the list has been misused to punish innocent people who won’t do what federal agents command. Now FBI agents caught abusing the system want qualified immunity to shield them from consequences as people they mistreated seek justice through the courts.
“Following the Sept. 11, 2001, terrorist attacks, FBI agents unsuccessfully attempted to pressure a group of innocent Muslims, including Muhammad Tanvir, to become informants for the Bureau,” notes the Institute for Justice (I.J.), which filed an amicus brief in Tanvir v. Tanzin. “Tanvir and the others—who were all either American citizens or lawful permanent residents—declined to become informants, because doing so goes against their sincerely held religious beliefs. FBI agents then harassed the group and placed them all on the No-Fly List.”
The Center for Constitutional Rights acts as co-counsels for the plaintiffs alongside the CUNY School of Law’s CLEAR Clinic. They sued under the Religious Freedom Restoration Act (RFRA) on the grounds that the plaintiffs’ Muslim faith forbids them to inform on coreligionists. The defendants—FBI agents who put Tanvir and the other plaintiffs on the no-fly list—protested that the RFRA doesn’t provide for monetary damages against government officials who violate rights, but the U.S. Supreme Court ruled otherwise in an important 2020 decision written by Justice Clarence Thomas.
Hellbound and Down 