FlyerTalk Forums - View Single Post - I was detained at the TSA checkpoint for about 25 minutes today
Old Sep 26, 2006, 6:01 pm
  #30  
PTravel
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Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
Originally Posted by flyinbob
Someone should go through the same checkpoint with a baggie that says "Kip Hawley is my HERO!", or "Bush / Cheney '04". See their reaction then. If they let you through without any problems then you have a solid case.
This is fairly well-trod ground from a constitutional perspective. Cohen v. Superior Court upheld the right to engage in political speech, even offensive political speech, in public and quasi-public fora. Cohen addressed wearing a jacket with the words "F**k the Draft" printed on the back. I don't see much difference between the facts in Cohen and the OP's facts, except that the OP's political speech was neither profane nor offensive. I suspect that TSA's authority is comprehensive enough to determine that the writing on the bag wasn't indicative of instability or threatening behavior on the part of the OP. Once that was determined, however, everything else was a signficant over-reaction that, clearly, has a chilling effect on speech.

What would happen if, when I go through the WMD tomorrow with my partner on our way to a business meeting, I say to her, "I think this whole security thing is a dog-and-pony show. Any politician who supports it, as well as anyone who devised it, is an absolute moron."

Will I be detained? Being detained and having my name and address recorded for engaging in this kind of speech would clearly be violative of my First Amendment rights.
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