While I certainly agree that this guy deserves a serious penalty for repeatedly disobeying crew instructions, you can't just dismiss the concept of proof as a technicality.
The empirical evidence to which your link refers hardly constitutes anything remotely describable as evidence. The "most serious example" says that they "suspect" a passenger's cell phone rang.
I'm willing to bet there were also female passengers on board, should they be banned? Come to think of it, I think there have been female passengers in well over 99% of all airplane crashes! Proof? No, Link? Yes!
Let's start writing our congressmen to support all-boy flights!
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Lisa: That's specious reasoning, Dad.
Homer: Thank You.
Lisa: According to your logic, I could say this rock keeps tigers away.
Homer: Hmmm. How does it work?
Lisa: I don't see any tigers around.
Homer: I see. Lisa, I want to buy your rock!