Originally Posted by MSY-MSP

Not to discount your dictionary definition of assault as used by ordinary persons in common English. However, assault has a different legal meaning. As taken from Black's Law Dictionary

Assault -- Any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability so to do, and any intentional display of force such as would give the victim reasons to fear or expect immediate bodily harm, constitutes an assault. An assault may be committed without actually touching striking or doing bodily harm to the person of another.

Injury -- Any wrong or damage done to another either in his person, rights, reputation or property. The invasion of an legally protected interest of another

The reason rape is called sexual assault is that it eliminates the need for the prosecution to prove certain elements of a battery.

We need to be consistant with the use of terms here. The actions taken by the screeners is an Assault by the legal definition of the word. (so is the action of the police at an arrest) However, these actions are defensable. To be defensable, we need to show consent for the Assault. (or in the case of the police probable cause)

Consent -- Voluntarily yeilding the will to the proposition of another; acquiescence or compliance therewith.

Consent -- Willingness in fact that an act or an invasion of an interest shall take place. Restatement Second Torts Section 10A

Implied Consent -- Consent manifested by signs, actions, or facts, or by inaction or silence which raise a presumption that the consent has been given.

However, for implied consent to be given there must be available somewhere to the public a full and complete disclosure of what you are implied to have consented to.

Hence, TSA needs to publish exactly what we are implied to have consented to. Otherwise, then I think calling some of the actions taken by the screeners assaults is appropriate.