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Federal Court Rules That TSA ‘Naked Scans’ Are Constitutional
Forbes ^ | July 15, 2011 12:13pm | Kashmir Hill

Posted on 07/17/2011 6:38:06 PM PDT by newzjunkey

Last weekend, a Tennessee woman was arrested at the Nashville airport for disorderly conduct after she refused TSA security measures for her children. The woman didn’t want her two children to have to go through a whole-body-imaging scanner. When a Transportation Security Administration officer told her the machines were safe, she said, “I still don’t want someone to see our bodies naked.”

She won’t be pleased with a ruling then out of the D.C. Circuit today. This morning, the federal court ruled that the “naked scans” of air travelers do not violate Americans’ constitutional rights. Privacy rights group EPIC had sued the Department of Homeland Security, alleging violations of innocent passengers’ Fourth Amendment right to be free of unreasonable searches. The court says that argument doesn’t fly...

(Excerpt) Read more at blogs.forbes.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 4thamendment; dccircuit; dhs; douglasginsburg; epic; fourthamendment; ginsburg; naked; searches; tsa; tsapervs
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To: Freedom_Is_Not_Free; airplaneguy

Perhaps people have a difficult time replying nicely to someone whose first post on the thread is to call a freeper a jerk? Nah, that couldn’t be it.


81 posted on 07/17/2011 9:44:25 PM PDT by Brytani (Liberals - destroying America since 1776)
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To: HANG THE EXPENSE

come on now be nice. Im a conservative (Not a rino). I donate to conservative causes and speak vehemently against the broadening gov’t intrution. I work in the private sector and have to deal with these TSA assclowns daily. doesnt mean i like it. we all have to pay taxes to the IRS too. does that make us un american for supporting that beast?


82 posted on 07/17/2011 9:44:43 PM PDT by airplaneguy
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To: newzjunkey

How many people does Chertoff have on his unofficial payroll and how many judges are part of his family? /s


83 posted on 07/17/2011 9:47:45 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Freedom_Is_Not_Free

Thank you for being the voice of reason. Yes, I work for an airline, not the TSA. My taxes go to support them even though I hate what they stand for.


84 posted on 07/17/2011 9:47:45 PM PDT by airplaneguy
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To: newzjunkey

Any government that requires to see it’s citizens naked bodies before said citizens can freely travel around their own country is a government that deserves to be overthrown as far as I’m concerned.


85 posted on 07/17/2011 9:49:22 PM PDT by july4thfreedomfoundation (Palin / West in 2012 or West / Palin. Either combination will serve America well.)
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To: Slambat

I know that Bush is a NWO globalist all for the north American union and all that crap.

Do you remember when Homeland Security and TSA were being shoved down our throats. Most here were screaming about the need to not allow the TSA any power because Hitlery could well be our next president. There were plenty of us that didn’t want to see our leaders with a powerful new weapon to use against terrorists, because we KNEW it would be used against us and would eventually fall into the wrong hands.

I don’t think Baby Bush put enough thought into it or cared. All he cared about was preventing another terrorist attack during his tenure. I don’t think he gave a damn if we lost our freedoms on the way or not. I really don’t.

Now we have Janet Napolitano in charge of this massive, all-powerful Nazi police force, and they are throwing around their power with extreme jealousy.

They can touch you, you can’t touch them. They can make you take your clothing off or threaten you with arrest and fines and lawsuits. They can lock you in a glass box for hours upon hours. They can make you wait and miss your flight. They can separate you from your unsupervised belongings for hours. They can LEGALLY separate you from your children and your family, for hours.

Their power is absolute. No review. No complaints. No oversight. They are an army of dictators given absolute power and the ego to wield it.

You take thousands of life’s losers who have no wealth or power. You put them in a situation where their sole judgment is the arbiter of what you do, how, when and where, and they become absolute dictators. We have an army of thousands of dictators. That is what we have.

I don’t know if Bush did it on purpose but I don’t think he cared. He is one of the power elite. What the heck does he care about the little people. He doesn’t. He has NEVER SAID ONE WORD about TSA abuse or asked that it be scaled back to a sane, constitutional level. Not a single word.

He doesn’t care. He isn’t subjected to strip searches, so what does he care.


86 posted on 07/17/2011 9:50:12 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: Brytani; airplaneguy

You do make a good point. Two freepers called for a boycott to affect policy change and it wasn’t really called for airplaneguy to get personal. I can see how he feels but it is not as if the two Freepers were being personal. They were just being practical in their response. Starve the beast and affect political change. Airplaneguy was rough in his response. He shouldn’t have been. Two wrongs don’t make a right and so I don’t see why people would put guilt trips on him to quit his job. That’s not right either.

But yes, you have a point. Airplaneguy escalated the conversation. When you see any chance of your job being in jeopardy in a depression, I think that makes people jumpy.


87 posted on 07/17/2011 9:55:14 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: airplaneguy

Freepers are passionate and we are playing for all the marbles right now, so tempers flare. We are so close to rolling over into a path that will guarantee totalitarian tyranny, a lot of us are on a hair trigger right now. All of us probably need to take a deep breath.

Discussions of the TSA sure get us going! I’ll say that.

You know what? I am VERY grateful to Jim for FreeRepublic and to the internet. This outlet is informative and useful and the networking we do here helps us enormously in our political fights. The left has always had their astroturf and paying welfare queens to vote and to stuff envelops and make robocalls.

Conservatives have been hamstrung by having to work 50-60 hours a week when you add lunch and commute times. That is 50-60 hours the welfare queens and bums of the left could marshall their forces. We just don’t have the time and we have to be more efficient and more focused. FR and the internet are godsends for us to be able to fight back.

I think they make a huge difference in our fight. Sure, the radical left has these resources too, but since they always had the unemployed and the government supported to advance their causes, this is a far more critical net help to us than to them.

Look what it has done to the MSM? They are becoming weak and irrelevant and moreover, bankrupt.


88 posted on 07/17/2011 10:01:17 PM PDT by Freedom_Is_Not_Free (SP12: They called Reagan "unelectable", too.)
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To: Freedom_Is_Not_Free

I mostly agree with you except the part about me being a pawn. Id like to think most freepers are a little more conscientious about the world around us. A slightly higher level of situational awareness. We get our kicks thinking about stuff that actually matters not from “britain’s got talent or “american idol”. being forced to feed the beast doesnt mean we have to like it. We ALL (ok taxpayers) support the BS that comes from Washington but we dont have to like it.

We, as freedom loving People can actively work to restore liberty, Private property rights, individual liberties and personal responsibility.

However, getting really crazy and ending up in Prison for causing violent couts or things like that is counterproductive and can only hurt the cause for clear thinking logical people.
Best regards.


89 posted on 07/17/2011 10:03:18 PM PDT by airplaneguy
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The Left would be losing its mind if this were the Bush Administration.


90 posted on 07/17/2011 10:06:50 PM PDT by Gene Eric (*** Jesus ***)
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To: airplaneguy

All,

Sorry for getting a little jumpy. Its been suggested that somehow because I work in the aviation business that TSA is my fault. I disagree. My loyalties are in this order: My lovely bride (always #1), Children, parents, friends, job, then everything else. It’s my duty and obligation to provide for my family because thats what good men do! My two time purple heart winning grandfather taught us that.
(WW2-pacific theater).

Anyway, I have loyalties to a lot of things but this police state that is rapidly enveloping us isnt one of them .
CHEERS.


91 posted on 07/17/2011 10:18:29 PM PDT by airplaneguy
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To: Freedom_Is_Not_Free

well said. thanks for that.


92 posted on 07/17/2011 10:23:45 PM PDT by airplaneguy
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To: Freedom_Is_Not_Free

“We have an army of thousands of dictators. That is what we have.”
I hope you fully understand what you are saying here.
What we are seeing here is the birth of the America version
of the Nazi Gestapo. Obamas private army. They will be
called Blue Shirts. Their slogan. “To protect and serve”.
As far as Bush goes. Normally former republican presidents
go away and keep quiet unlike the rats but these are not
normal times. I look for Bush to jump out there and give
Romney, or who ever the RINO candidate is, whole support
and any conservative the cold shoulder. If he does this
then you know your right. I liked ol”W”.


93 posted on 07/17/2011 10:27:37 PM PDT by Slambat (The right to keep and bear arms. Anything one man can carry, drive or pull.)
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To: Freedom_Is_Not_Free

I really believe we are too far gone to save at this time. We are swirling around the bowl to oblivion and most politicians won’t stop spending money.

We are in a depression and we still encourage and give away billions to illegals and worry about their rights. Millions of Americans can’t get work and we still subsudize these ticks of the body America.

Anybody with just a TINY amount of common sense would see the futility of the BS at the airports, growing EPA regulations, freebies to illegals, etc ARE A BAD IDEA. But no, they still persist.

Even many on this site are just big government Republicans, unfortunately. That is what made me realize that basically NOTHING can stop the fall now. When even so-called conservatives are part of the problem, then it means that there is simply no way to stop it. There is just not enough good sense to go around.

I am 49 and know there is nothing to look for in the future. It is destroyed before it is even here. All I can look forward to in my old age is to try to survive and protect my family and that is what I intend to do till I die. Stock up on food and lead. Forget gold and silver, you can’t eat it and it wil weigh you down.


94 posted on 07/17/2011 10:38:57 PM PDT by packrat35 (America is rapidly becoming a police state that East Germany could be proud of!)
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To: newzjunkey

Maybe what we need is to organize passenger flash mobs. Show up for a flight and beat the snot out of all the TSA agents. We need greater numbers to convince them we’re tired of this $#!T.


95 posted on 07/17/2011 11:07:08 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: achilles2000

There is a freedom to move from state to state—anywhere in the US if you are a citizen.—that is the whole idea of our government and state rights and freedom. You also have the Right to Work (although the marxists are trying to change that!) In today’s world, flying is an important aspect of some jobs, you have to travel for some jobs, so to punish people with intrusive searches when they are doing what they have to do to live and eat, you are violating their fundamental rights of freedom of unreasonable search. It is not reasonable to be suspicious of people who haven’t done anything illegal or suspicious.

I have witnessed old people who getting treated like terrorists which was unjustified, and seen people go through who looked like they stepped right out of Iraq—no check—absolutely NO common sense and reason used—that is the violation of our Constitution which is bathed in the logic and reason and science of Modern Philosophy—John Locke and Thomas Reid (Common Sense).

Reason and logic are crucial to Just Law. Marxism rejects it—and PC is a rejection of logic and reason and should be against the law. All sensitivity training and reeducation camps for people are a gross violation of the freedom of conscience. I do NOT recognize America anymore....We did NOT amend the Constitution so it should be easy to get back to sanity. The worldview indoctrination into Marxism that is forced on the military is also unconstitutional.


96 posted on 07/17/2011 11:10:19 PM PDT by savagesusie (Virtue is a habit of the mind, consistent with nature and moderation and reason. Cicero)
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To: Venturer

Would you agree that you waive your rights when taking a bus or train; driving your car on a public road; entering a school, shopping mall or government building? TSA is expanding its operation into many of these venues. Airports are just the beginning and the most obvious at this time. The question is where does it end?


97 posted on 07/17/2011 11:55:11 PM PDT by ArmyTeach (Our liberties we prize and our rights we will maintain ... Iowa 61)
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To: muawiyah
Virtually none are federal?
98 posted on 07/18/2011 12:08:03 AM PDT by mirkwood (Palin 12)
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To: Freedom_Is_Not_Free

Ain’t that the truth, can we all say bastards...


99 posted on 07/18/2011 12:31:41 AM PDT by goat granny
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To: savagesusie

What ever became even of the “trusted traveler” program which was being batted about during George W. Bush’s first presidential term (and way before anyone was being X rayed or groped)?


100 posted on 07/18/2011 1:26:17 AM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution)
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