I didn't say "fly" but rather "travel" as did the parent to whom I was replying. This is important because, well the TSA isn't just for airports anymore. [edit: mea culpa, I did say flying. I will fix it.]
There may not be a right to take a particular mode of travel but the overall right to travel has been recognized by the Supreme Court as a fundamental part of the system of federalism in the United States (this is why it's a 10th Amendment matter).
Edit: I don't know if one could argue that denying flying to/from Hawaii or Alaska is the same as denying travel to/from those states though. That might be an interesting argument. I am not aware if any case that addresses whether that would be constructive denial of that vested right in the same way that denying passports to suspected communists is....
Also it occurs to me... due process does apply to all sorts of administrative detentions, and I would be surprised if it wouldn't apply to things like no-fly lists.
There may not be a right to take a particular mode of travel but the overall right to travel has been recognized by the Supreme Court as a fundamental part of the system of federalism in the United States (this is why it's a 10th Amendment matter).
Edit: I don't know if one could argue that denying flying to/from Hawaii or Alaska is the same as denying travel to/from those states though. That might be an interesting argument. I am not aware if any case that addresses whether that would be constructive denial of that vested right in the same way that denying passports to suspected communists is....
Also it occurs to me... due process does apply to all sorts of administrative detentions, and I would be surprised if it wouldn't apply to things like no-fly lists.