Stripping Down To Reveal A Chest Full Of Fourth Amendment Protected By First Amendment, Judges Say To TSA Thuggos
David Kravets writes at WIRED:
A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.Aaron Tobey claimed in a civil rights lawsuit (.pdf) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.
The opinion written in sending the case to trial is by Judge Robert Gregory:
Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution--he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those 'who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.' We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections--even in an airport.
Kravets continues:
Tobey didn't want to go through the advanced imaging technology X-ray machines, or so-called nude body scanners, that were cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down, and removed most of his clothing in the process.Among other things, the federal lawsuit claimed wrongful detention and a breach of the First Amendment and Fourth Amendment. Tobey was on his way to Wisconsin for his grandmother's funeral. Despite his detainment, he made his flight.
According to the suit, while under interrogation, the authorities wanted to know "about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were."
Yes, it's come to that. Standing up for civil liberties...in fact, doing anything more than bending over and saying "Yes, Sir!" or "Yes, Ma'am!" to the hamburger clerk granted special government powers to humiliate and sexually grope the rest of us in the name of security...is now terrorism.
P.S. The Ben Franklin quote is incorrect.
Forgot this last night: The Rutherford Institute defended him. I got an email from them and here's a bit from it:
"Whether it be construed as different, unusual or bizarre, non-disruptive expressive protest--which is what Aaron Tobey engaged in--is at the core of protected First Amendment speech," said John W. Whitehead, president of The Rutherford Institute. "As the courts have recognized, this fundamental right encompasses not only the affirmative right to speak, but also the right to be free from retaliation by public officials for speaking."
Anand Agneshwar and Alan Veronick of Arnold & Porter and James Knicely of Knicely and Associates assisted The Rutherford Institute in its defense of Tobey. Very important to always credit those who stand up for civil liberties -- because far too few people today do.
I'm forever appreciative to Marc J. Randazza, the First Amendment Lawyer who came to my defense when TSA worker Thedala Magee thought she and lawyer and aspiring reality TV star Vicki Roberts would squeeze $500,000, a written apology, and a blog takedown out of me after I dared use my First Amendment rights to complain about the violation of my Fourth Amendment ones.
via Christopher Buckley
It's very insulting to hamburger clerks to compare them to TSA officers. People who sell hamburgers are doing something productive.
Chris Bray at January 27, 2013 2:39 AM
If it was a tattoo on he would have breezed on past... un-fucking-believable.
Eric at January 27, 2013 4:07 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/01/27/stripping_down.html#comment-3582053">comment from Chris BrayIt's very insulting to hamburger clerks to compare them to TSA officers. People who sell hamburgers are doing something productive.
Very good point, Chris Bray.
I am especially appreciative of those at In-N-Out.
Amy Alkon at January 27, 2013 6:20 AM
He's cute. If I was a TSA agent, I'd definitely be asking him to take his shirt off.
Pirate Jo at January 27, 2013 7:13 AM
What about pizza delivery guys or gas pumpers?
I know -- how about hotel rent-a-cops?
Jim P. at January 27, 2013 9:18 AM
Made me smile - hope for the future. Pirate Jo is right - a few youths like this could save the world - looks like good genetic makeup.
Dave B at January 27, 2013 10:19 AM
I love seeing the creativity people are using to protest. This would be nice to see adhered to baggage that is examined, followed up with a snippet of the First Amendment.
Meloni at January 27, 2013 10:34 AM
What we need is a law making all agents of the government personally liable for these excesses. Otherwise it continues, and we get to pay for it twice.
MarkD at January 28, 2013 5:36 AM
He's cute. If I was a TSA agent, I'd definitely be asking him to take his shirt off.
Oh my, YES, PJ! Even if I wasn't a TSA agent!
(DOL [Dirty Old Lady] that I am! LOL!)
Flynne at January 28, 2013 5:53 AM
Hmmm...not bad. But the guy could stand a few more hours in the gym.
Patrick at January 28, 2013 6:34 PM
I'm not worried about the content in his chest, I like the content on his chest.
Jim P. at January 28, 2013 8:59 PM
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