Naked man arrested at Portland International Airport after disrobing at security
May 13, 2013, 3:05 pm
#152
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Far from cut and dry and the ALJ won't even hear the 1st Amendment argument, so that can't be part of any appeal. All the TSA has to do is demonstrate that Brennan interfered with the screening process and, much as I despise the TSA, that's a no-brainer. He clearly did.
In the next court he can't argue that he had a constitutional right to be nude/protest, but he can say that because nudity isn't illegal in OR he is allowed to be nude and he didn't cause any disruption. The fact of being nude does not cause disruption in and of itself. It's just potentially a bit chilly.
I think it actually presents a small problem for TSA to argue disruption or interference given the Federal govt is pretty much silent on nudity and he complied with the screening process. The reaction of others (pax or TSA staff) to a lawful state of dress (or lack thereof) is beyond his control and in a state that allows nudity is to be expected from time to time.
That said, yes, I would expect the ALJ to find against him anyway.
May 13, 2013, 3:06 pm
#153
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May 13, 2013, 3:07 pm
#154
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In the next court he can't argue that he had a constitutional right to be nude/protest, but he can say that because nudity isn't illegal in OR he is allowed to be nude and he didn't cause any disruption. The fact of being nude does not cause disruption in and of itself. It's just potentially a bit chilly.
I think it actually presents a small problem for TSA to argue disruption or interference given the Federal govt is pretty much silent on nudity and he complied with the screening process. The reaction of others (pax or TSA staff) to a lawful state of dress (or lack thereof) is beyond his control and in a state that allows nudity is to be expected from time to time.
I think it actually presents a small problem for TSA to argue disruption or interference given the Federal govt is pretty much silent on nudity and he complied with the screening process. The reaction of others (pax or TSA staff) to a lawful state of dress (or lack thereof) is beyond his control and in a state that allows nudity is to be expected from time to time.
May 13, 2013, 3:42 pm
#155
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May 14, 2013, 12:51 am
#157
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[QUOTE=Wally Bird;20744550]Far from cut and dry and the ALJ won't even hear the 1st Amendment argument, so that can't be part of any appeal. /QUOTE]
I agree the Administrative Law Judge won't consider it, but I am not necessarily sure the appellate court won't. But I am too lazy to do the research.
I agree the Administrative Law Judge won't consider it, but I am not necessarily sure the appellate court won't. But I am too lazy to do the research.
May 14, 2013, 7:41 am
#158
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Perhaps that (exclusion of pertinent content) could be a basis for appeal; I can't see anything else being.
May 14, 2013, 7:51 am
#159
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How about a conflict of interest? The ALJ is an employee of DHS.
May 14, 2013, 1:31 pm
#160
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May 14, 2013, 1:31 pm
#161
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While that certainly stinks, it's not grounds for an appeal unless the ALJ can be shown to have been prejudicial at the hearing. Which is obviously a matter of opinion.
http://www.law.cornell.edu/cfr/text/49/1503/subpart-G
http://www.law.cornell.edu/cfr/text/49/1503/subpart-G
May 14, 2013, 1:52 pm
#162
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While that certainly stinks, it's not grounds for an appeal unless the ALJ can be shown to have been prejudicial at the hearing. Which is obviously a matter of opinion.
http://www.law.cornell.edu/cfr/text/49/1503/subpart-G
http://www.law.cornell.edu/cfr/text/49/1503/subpart-G
May 14, 2013, 8:37 pm
#163
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Winner winner, but you don't get no chicken dinner because this is just too damn obvious.
May 15, 2013, 12:14 am
#164
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From Oregonlive... "Portland airport stripper spends five hours in federal court for 15 minutes of nudity"
http://www.oregonlive.com/portland/i...incart_m-rpt-2
Looks like we won't have a decision here for another month at least.
http://www.oregonlive.com/portland/i...incart_m-rpt-2
Looks like we won't have a decision here for another month at least.
May 15, 2013, 7:58 am
#165
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From Oregonlive... "Portland airport stripper spends five hours in federal court for 15 minutes of nudity"
http://www.oregonlive.com/portland/i...incart_m-rpt-2
Looks like we won't have a decision here for another month at least.
http://www.oregonlive.com/portland/i...incart_m-rpt-2
Looks like we won't have a decision here for another month at least.
Incompetence or prolongation simply for the sake of it?
Despicable, but I would expect nothing else from the TSA.