"As a preliminary matter, TSA does not believe that the Secure
Flight program denies individuals their right to travel. Courts have
consistently held that travelers do not have a Constitutional right to
travel by a single mode or the most convenient form of travel. See for
example: Town of Southold v. Town of East Hampton, 477 F.3d 38, 54 (2d
Cir. 2007); Gilmore v. Gonzales, 435 F.3d 1125, 1136 (9th Cir. 2006);
Miller v. Reed, 176 F.3d 1202, 1205 (9th Cir. 1999). The Secure Flight
program would only regulate one mode of travel (aviation), and would
not impose any restriction on other mode of travel. Therefore, a
restriction on an individual's ability to board an aircraft as a result
of the Secure Flight program would not implicate a Constitutional right
to travel." (
from the Federal Register, November 9, 2007.