The week of March 24-25, 2017, Professor Jeff Kahn
will speak at a symposium hosted by the William & Mary Law School Bill of Rights Journal
. The title of his presentation will be "The Unreasonable Rise of Reasonable Suspicion: Terrorist Watchlists and Terry v. Ohio.
" Below is a summary of his talk:
"I’ll concentrate on a topic concerning terrorist watchlists, including the No Fly List: the choice of the “reasonable suspicion” standard by the watchlisting community as the appropriate standard to use for making decisions about who to watchlist. This standard was adopted from Terry v. Ohio
. I am very critical of its adoption (and proliferation), which cherry picked this easy-to-satisfy standard from Terry while leaving behind the structural protections of the law enforcement context for which it was formulated. I’ll include some comments on the litigation approaches to defending this standard in successive No Fly List cases and express my surprise that courts have not been as critical of the standard as I think they should be. This will allow me to comment on the general trajectory of No Fly List cases and make some predictions for the future."
Information regarding the symposium can be found here