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Indelible Ruling: Federal Judge Allows Case of Free Speech Protester To Go Forward Against TSA

Aaron Tobey attained a degree of fame in carrying out a rather novel form of protest for civil liberties at an airport security point. Tobey stripped down and used a black marker to display a quote from of the Fourth Amendment on his bare chest reading “The right of the people to be secure … against unreasonable searches and seizures shall not be violated.” He was arrested for his conduct, but now federal District Judge Henry Hudson had ruled that part of his lawsuit against the TSA can go forward to trial.

The lawsuit names two airport security screeners who had Tobey arrested after he stripped down to a pair of running shorts and a constitutional quotation on the Dec. 30, 2010 incident at Richmond International Airport. While dismissing other counts, Hudson allowed the case to proceed on the first amendment claim of free speech violations. This will now allow Tobey to start discovery with TSA, which could reveal some interesting evidence on how this case (and other cases like it) have been handled.

Hudson wrote “The question … is whether the [screeners] in fact radioed for assistance because of the message [Tobey] sought to convey as opposed to [Tobey’s] admittedly bizarre behavior or because of some other reasonable restriction on First Amendment activity in the security screening area.”

This could make for an interesting case so long as Tobey continues to file arguments in paper form.

Source: CSMonitor

25 thoughts on “Indelible Ruling: Federal Judge Allows Case of Free Speech Protester To Go Forward Against TSA”

  1. http://www.startribune.com/local/stpaul/133248993.html

    One day after Jesse Ventura lost his legal challenge to airport pat-downs and full-body scans, the former Minnesota governor declared Friday that he will “never fly commercial again” and just might run for president so he can change passenger security measures.

    …

    Ventura made his comments outside the federal courthouse in St. Paul, where in January he sued to challenge the Transportation Security Administration’s (TSA) airport security procedures. The suit was thrown out because Congress set up the law so that all such challenges must be brought directly in Circuit Courts of Appeals, wrote U.S. District Judge Susan Richard Nelson.

    What is to keep Jesse Ventura, or any citizen, from filing a suit in the Circuit Court of Appeals?

    Did his lawyers simply file in the wrong court? Or is there something barring Ventura and other citizens from filing in the Circuit Court of Appeals?

  2. OT:

    Regarding our fearful leader:

    http://www.salon.com/news/opinion/glenn_greenwald/2011/09/01/obama

    Glenn Greenwald
    Thursday, Sep 1, 2011

    Top CIA official: Obama “changed virtually nothing”
    By Glenn Greenwald

    Excerpt:

    PBS’s Frontline is airing an examination of “Top Secret America” on September 6. The show includes a rare and lengthy interview with 34-year-CIA-veteran John Rizzo, who is described as “the most influential lawyer in CIA history.” PBS is promoting that interview this way:

    Here is one quote they include from Rizzo:

    With a notable exception of the enhanced interrogation program, the incoming Obama administration changed virtually nothing with respect to existing CIA programs and operations. Things continued. Authorities were continued that were originally granted by President Bush beginning shortly after 9/11. Those were all picked up, reviewed and endorsed by the Obama administration. (end excerpt)

  3. “When they search his luggage, they take his rolling papers and put them right on top of the TSA ‘note’. This has happened 3 times! Just sending a message, I suppose.” -shano

    Yes…sending a message to the FBI (for placement in his real “permanent record”…. 😉

  4. Obviously they do not catch very many of them. And they blow you off if you make a complaint so they are refusing to do investigations, too.

    Admittedly, one does not usually find out they have been ripped off before leaving the airport. Maybe I will start to check my luggage when it comes off the plane and before I leave. Another pain in the a**.

    What is so hard about having cameras in the place where checked baggage is searched?

    I have a friend who ‘rolls his own’ (ahem) and always keeps some cigarette rolling papers in his checked bag. When they search his luggage, they take his rolling papers and put them right on top of the TSA ‘note’. This has happened 3 times! Just sending a message, I suppose.

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