The latest TSA ridiculousness thread

[Undertoad]

They want the ability to make up the rules as they go along, so that terrorists can't just study the PSA website rulebook and devise plans to beat it. That I understand, but claiming that the Constitution doesn't apply in screening is an outrageous statement.

It is Constitutional for you to decline screening and leave the area. But that was one of the issues with the "Don't Touch my Junk" guy, who was threatened with a $10k fine because he left the screening process in the middle. It is Constitutional for you to film the screening process, but don't expect to be able to exercise that right.

[sexobon]

Originally Posted by Undertoad

... claiming that the Constitution doesn't apply in screening is an outrageous statement..

Here's a short explanation (dozen paragraphs) of why that claim has been essentially true, regarding the Fourth Amendment, since 1973: http://boardingarea.com/blogs/flying...rth-amendment/

Originally Posted by Undertoad

It is Constitutional for you to film the screening process, but don't expect to be able to exercise that right.

Some explanations and recourse from a CNET News article: http://news.cnet.com/8301-31921_3-20023773-281.html

"Do I have the right to record my checkpoint encounter with a video camera or a mobile phone?
The answer is, generally, yes. Not only do you likely have a First Amendment right to do so in the United States, but the TSA explicitly recognizes it. The agency says: "We don't prohibit public, passengers, or press from photographing, videotaping, or filming at screening locations."
Two potential obstacles remain. The first is that TSA screeners and local law enforcement may not be aware of the agency's own policy. This is what one blogger found out recently at Hartford's airport after being detained by a Connecticut state trooper for taking photographs. Two useful TSA numbers if you're being threatened with arrest for photography are (571) 227-2829 and (571) 227-1917.

The second obstacle is that a state law, a local law, or an airport ordinance may restrict either photography or audio recording. John "Don't Touch My Junk" Tyner was cited for violating an San Diego airport ordinance (PDF) saying "no person shall take still, motion, or sound motion pictures or voice recordings." Any such ordinance almost certainly violates the First Amendment, but you could still be cited and face significant legal hassles until you get before a judge--at least if the police want to demonstrate their authority to your detriment."