It's Bare-Ass Naked Protected Speech, You TSA Thugs
Can't really expect people who earn a living violating our Fourth Amendment rights to respect our First Amendment ones (let alone know what the First Amendment is -- or the Constitution is, in some cases)...
John Brennan, the patriotic man who stripped naked at the airport to protest the TSA's thuggery and rights violations was acquitted. As he should have been. From Yahoo/AP, Nigel Duara writes:
On April 17, Brennan arrived at the airport intending to take a business trip to San Jose, Calif. He works with groups in Silicon Valley and flies out of Portland International Airport about once a month.When he reached the gate, he declined to go through the airport's body scanners, instead choosing the alternative metal detector and body pat-down. After the pat-down, Transportation Security Administration officer Steven Van Gordon detected nitrates on the gloves he used to check Brennan.
"For me, time slowed down," Brennan said. "I thought about nitrates and I thought about the Oklahoma City bombing."
Brennan said before his trial that after months of angst every time he went through security, the nitrate detection was the final straw for him, a wordless accusation that he was a terrorist.
So he took off all his clothes.
A TSA agent stacked plastic crates high onto several carts and positioned them around Brennan. Port of Portland police arrested Brennan and took him to the Multnomah County Jail.
Brennan, 50, demanded a jury trial in early May, but was turned down.
Brennan insists he didn't come to the airport intending to protest. He had called the Port of Portland -- which operates the airport -- a year earlier to ask whether Oregon's rules involving nudity applied at the airport. Brennan said he was told that they did. Brennan said in court that he asked because he had considered nudity as an act of protest, but hadn't found cause to strip down.
The law says that naked people are only breaking the law if they're having sex in public or got undressed "with the intent of arousing the sexual desire" of another person.
I wish the story went into more detail about how/why his demand for jury trial was denied. Also, I've said it before and I will say it again...demand fresh gloves whenever the goons are going to molest you!
After the pat-down, Transportation Security Administration officer Steven Van Gordon detected nitrates on the gloves he used to check Brennan.
sara at July 19, 2012 2:14 PM
Awesome this guy was willing to show his huevos for the cause. That said, I bet there was a collective sigh across the nation of those who wished he could've been a hot chick.
Meloni at July 19, 2012 3:18 PM
I'm curious about the lack of jury trial.
He must not have been charged with a crime, it must have been just a simple civil summons, like a traffic violation.
I R A Darth Aggie at July 19, 2012 3:26 PM
Doesnt matter if it was a 'civil' vs a criminal matter
Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.Seventh Amendment – Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
In either case the right to a trial by jury is a constitutional right attributed directlty to the publicregardless of any other state or federal laws
lujlp at July 19, 2012 4:48 PM
Found the reference for the jury trial:
Ben H. FRANK, Petitioner, v. UNITED STATES.
http://www.law.cornell.edu/supremecourt/text/395/147
Basically the way it works is that if the possible sentence is probation and/or fines with no jail time the judge does not have to allow a jury. It was a 1969 case.
I just hope I never have to fly again until the TSA is gone.
Jim P. at July 19, 2012 7:43 PM
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