FlyerTalk Forums - View Single Post - Federal Court: Travelers Have 1st Amendment Right To Record TSA Screeners
Old Mar 8, 2021, 11:47 am
  #14  
gsoltso
 
Join Date: Oct 2008
Location: Greensboro
Programs: TSA
Posts: 2,424
Originally Posted by Boggie Dog
I just read through this document which was a link within the reference provided by TWA884.

Recording Police Officers and Public Officials

I selected this item as I see TSA screeners as public officials. Not sure if that belief would hold up under a legal examination. My takeaway is that recording TSA screeners is probably a protected First Amendment right but not all Federal Circuit Courts have clearly so stated and an individual could find themselves as defendant in legal proceedings.
It never ceases to amaze me when anyone indicates that they have a "Right to not be recorded" in a public space (not just for TSA, in many other walks of life as well). There is no expectation of privacy in public - regardless of position, or job. The only time that filming/video can be stopped at a checkpoint, is if they are interfering with the screening process (this means that you are actively obstructing the process, by some form or means), or they are caught trying to video items that are obviously kept from the public due to security reasons (like the Xray machine screens that they have to maneuver into blocked off areas to film). Other than that, they have the absolute right to film anything in a public forum, including the checkpoint areas. TSA re-emphasizes this consistently in training, and in leadership training. Anyone that acts contrary to what I listed above, is wrong - it really is that simple. We get training each year reiterating that folks can film in the checkpoint as long as they do not run afoul of the listed situations above.
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