Originally Posted by
Boggie Dog
In simple terms did not the Gilmore decision say that alternative means of screening had to be provided if a person desired to not provide an ID document?
TSA is to the best of my knowledge saying if I have ID on my person and wish not to display that ID I will have my right of travel restricted with out due process, which action, if I understand TSA's position correctly, is contrary to the Gilmore decision.
No, gilmore said a few things. One thing it said was even though the SEcurity Directive regarding TSAs identification policy is SSI, it is well post at various places that ID is needed, thus it is actually public knowledge, and therefor does not violate anyones due process (by having a secret or vague law).
Another thing gilmore said was alternative screening was available for those who chose not to furnish their ID, but that the entire process could be avoided because no one has to fly - a person can chose to travel by other means. To leave that part out really changes the intent of gilmore.
I am not certain what will happen if another person challenges the ID rule. Someone can still chose not to fly, as stated in gilmore. We will have to wait and see, I guess.