TSA Suffers Insignificant Setback

They waste that much before first break every day.

It is nice to see them get a nice legal smack upside the head though;

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.

Good on ya dude.

Double plus awesome goodness, the ruling judge invoked a famous Benjamin Franklin quote in his decision that National Security got trumped by the First Amendment in this situation.

According to the opinion by Judge Roger 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.

My bold.

Even better is that the dissenting opinion that parrots the official government propaganda got shut out.

In dissent, Judge J. Harvie Wilkinson wrote:

Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.

I fucking love that ” Nefarious Actors” line. Makes you think Snidely Fucking Whiplash is skulking around everywhere.
Hike up your britches pal, your leaving a puddle on the floor.

snidely whiplash

It’s really nice to see the fear mongers get knocked down a peg once in a while.
Personally, I think the TSA should have never been brought into existence in the first place and should be dismantled piece by piece and power tripping goon by goon until it is nothing but a bad memory.
Giving them a power check now and then is probably the most I can hope for though.

Crap, I forgot to give credit for the article I quoted from before I hit the publish button.

A big thank you to Wired.com for the piece and to FARK for finding it .


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