First thing you do is find like minded law students that are willing to stir the pot. Hopefully they will have a real liberal minded professor that can help.

Next thing is to study the applicable laws. In this case you need to look up Title 49 part 1540

Read the following;
§ 1540.5 definitions. Know what a sterile area is and by what method access is granted, what a screening function is, what a screening location is and what they do there.

§ 1540.105 Security responsibilities of employees and other persons.

§ 1540.107 Submission to screening and inspection. (skip to the amendment published Oct 28, 2008 that will take effect Dec. 28, 2008 as this is the law you will be under in just a couple of weeks.) Follow that to §1560.3 & §1560.105(c)

After you have convinced yourself that the TSA has no statutory right to demand a forced ID verification and you have girded up your strength. Buy a ticket that you know you will never use.

My suggestion is to pick a place that you can not get to in a timely manner by any other means. Keep it in the States and territories so that Customs and Border Control issues don't cloud the water. Puerto Rico, Hawaii or Alaska seem to be the best choices.

Have a half a dozen people with you. Have them stand close enough to witness, but not right up next to you. Video tape everything.

Comply with everything the airline asks. If they want to see your ID, show it.

Hand all your IDs to one of your friends. This includes library, student and Blockbuster cards.

When you get to the ID checker and are asked for an ID, state you do not have one. This is where §1560.105(c) comes in. According to that section you are ONLY required to SHOW an ID to an aircraft operator.

Under § 1540.107 you must provide the TSA with your name as it appears on a verifying document, your gender and date of birth when requesting access to the sterile area.

Here is where it gets fun. Give them no more than your name, gender and date of birth. Let THEM blow their gasket, not you. Stay calm, polite and non threatening. OBEY everything except disclosing more than your name, gender and date of birth. They say "step over here" you step. If they want to frisk you, let them. If they want you to strip to your BVDs, do it. Reply to all questions like them asking for your address, mother's maiden name, SS number with the answer "I will not comply or be a party to an illegal act"

Pretty soon a police officer will be called. Comply with EVERYTHING the cop asks of you. The police officer DOES have the legal right to your information. Pretty soon the TSA will let you in the sterile area as the law allows or will refuse your access illegally.

If you are allowed to fly you will have proven that the forced ID verification is a sham. If you are refused you will have set up a nice lawsuit.

Remember this is a game with some heavy consequences. Be prepared, be unemotional. Do not give them ANY just cause to arrest for disorderly conduct, for interference with a screening (search for explosives, weapons and incendiaries).

Be sure to be extra polite to the TSO, it is not their fault that their job requires them to violate the law. It is nothing personal against that TSO.

Below is a few of the statutes, I have highlighted what I think to be the most relevant parts. Have someone with a good legal background go over them with you. Note §1560 is brand new.

Are you ready to be Rosa?

§ 1540.107 Submission to screening and inspection.

(a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter.

(b) An individual must provide his or her full name, as defined in §1560.3 of this chapter, date of birth, and gender when—

(1) The individual, or a person on the individual's behalf, makes a reservation for a covered flight, as defined in §1560.3 of this chapter, or

(2) The individual makes a request for authorization to enter a sterile area.

(c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in §1560.3 of this chapter, when requested for purposes of watch list matching under §1560.105(c), unless otherwise authorized by TSA on a case-by-case basis.


§1560.105(c)(d)

(c) Request for identification —(1) In general . If TSA has not informed the covered aircraft operator of the results of watch list matching for an individual by the time the individual attempts to check in, or informs the covered aircraft operator that an individual has been placed in inhibited status, the aircraft operator must request from the individual a verifying identity document pursuant to procedures in its security program., as provided in 49 CFR part 1544, subpart B or 49 CFR part 1546, subpart B. The individual must present a verifying identity document to the covered aircraft operator at the airport.

(2) Transmission of Updated Secure Flight Passenger Data . Upon reviewing a passenger's verifying identity document, the covered aircraft operator must transmit the SFPD elements from the individual's verifying identity document to TSA.

(3) Provision of Passenger Resolution Information . If requested by TSA, the covered aircraft operator must also provide to TSA the individual's Passenger Resolution Information as specified by TSA.

(4) Exception for minors . If a covered aircraft operator is required to obtain information from an individual's verifying identity document under this paragraph (c), and the individual is younger than 18 years of age and does not have a verifying identity document, TSA may, on a case-by-case basis, authorize the minor or an adult accompanying the minor to state the individual's full name and date of birth in lieu of providing a verifying identity document.

(d) Failure to obtain identification . If a passenger or non-traveling individual does not present a verifying identity document when requested by the covered aircraft operator, in order to comply with paragraph (c) of this section, the covered aircraft operator must not issue a boarding pass or give authorization to enter a sterile area to that individual and must not allow that individual to board an aircraft or enter a sterile area, unless otherwise authorized by TSA.