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Mrs Shipley's Ghost: The Right to Travel during the Cold War and Today

Jeffrey Kahn
American University
Jeffrey Kahn
American University

Abstract

As the technology for regulating travel evolved from paper passports to massive computerized databases, the American bureaucratic system for regulating travel has grown from a small office in Washington D.C. to a highly sophisticated network spanning the globe. Anyone whose name appears on the U.S. Government’s “No Fly List” may find his or her air travel prohibited if anonymous analysts in a small FBI office secretly conclude that the person “may be a threat to civil aviation or national security.” I trace the history and scope of U.S. travel regulations, beginning with the story of Ruth B. Shipley, who almost single-handedly controlled access to passports during the Cold War, to the No Fly List. I argue that U.S. citizens’ freedom to leave their country and return is a fundamental right, protected by the Constitution. And I argue that all persons have certain procedural rights that the No Fly List infringes.