Originally Posted by
FliesWay2Much
MKEBound's KHIAI bag was especially effective in that there wasn't profanity (or an obscene jesture) involved. It would be very easy for the TSA to make the obscenity the issue, rather than protected speech, in the flip-off scenario.
Perhaps one would be better to go through the machine and quietly and politely suggest that its operator is a pervert. Or if a child has gone through ahead of you, ask whether or it that makes its operator a pedophile.
My guess is that as long as one's tone of voice and demeanor is non-threatening, and as long as one isn't saying that the operator is actually a pedophile, one's statements would be protected by the First Amendment.
The biggest question in my mind is exactly how far one could stretch the First Amendment by one's statements and still be protected. It would be interesting if one could say something to push a screener or two over the edge, and get the situation documented. I suppose that with the right attorney such a thing could turn into a rather lucrative settlement from the TSA and perhaps the agents themselves. (It would be better than spilling hot coffee on your lap or falling of a toilet at McDonalds.)