FlyerTalk Forums - View Single Post - Mugged by TSA in San Juan PR
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Old Sep 25, 2012, 11:42 pm
  #10  
Ari
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Join Date: Aug 2005
Location: Chicago
Posts: 11,509
Originally Posted by mkt
Puerto Rico is US property, but is not part of the US. And we have a completely unique culture, which while compatible with US culture, is separate from it. Among those cultural elements are our own laws, our own constitution, and our own legal system. Oh, and we speak Spanish and use the metric system (except for MPH)

That's the distinction one needs to remember when down here.

And after showing this thread to 3 different local attorneys:
  1. Believes that the OP violated the TSO's right to privacy under Article 2, sec 8 of the Puerto Rico, since while they may be government employees, they are not considered public figures (elected). He said if this were to go to local court, you'd lose - you'd have to take it to federal court to have a chance of winning.

  2. Believes that only government can infringe on a persons rights. However, they also believe that a case might exist where the TSO can sue to OP. Her words.. "he's fu**ed", and she cited this from the TSA's own website:

    And while not 100% certain, she believes that there is a local regulation that also prohibits video at SJU.

  3. Believes the TSO's right to privacy was violated, but cannot be sure until a court decides.

In short, Puerto Rico is not the right place to test your rights. You might end up in jail and losing in court. If you want US justice, take it to federal court.
Those lawyers don't seem to pay any mind to the fact that courts (multiple Circuits) now recognize a First Amendment right to video/audio record in public places. These are recent cases to be sure, but if such a First Amendment right does exist, it applies to the TSA in Puerto Rico the same as it applies to them in California thanks to the 14th Amendment). And the Unites States Constitution trumps Puerto Rican privacy laws and local regulations in the case of a conflict, of course. The fact that a law is on the books does not mean that law is valid in any circumstance, and that may be the case with these so-called privacy laws in the context of filming in a public place.

I know Puerto Rican government agencies-- namely the police-- act as if they can play by a different set of rules when it comes to constitutional rights, but the United States Constitution actually does apply down there even if they'd like it not to. I wonder if the lawyers you brought this to ever once considered the First Amendment, or just went straight to looking at PR laws. You mention the Puerto Rican "culture"-- that culture might include judges ignoring the US Constitution which might be why the three lawyers omitted any discussion of it.
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