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Federal Court Rules That TSA ‘Naked Scans’ Are Constitutional
Forbes ^ | July 15, 2011 12:13pm | Kashmir Hill

Posted on 07/17/2011 6:38:06 PM PDT by newzjunkey

Last weekend, a Tennessee woman was arrested at the Nashville airport for disorderly conduct after she refused TSA security measures for her children. The woman didn’t want her two children to have to go through a whole-body-imaging scanner. When a Transportation Security Administration officer told her the machines were safe, she said, “I still don’t want someone to see our bodies naked.”

She won’t be pleased with a ruling then out of the D.C. Circuit today. This morning, the federal court ruled that the “naked scans” of air travelers do not violate Americans’ constitutional rights. Privacy rights group EPIC had sued the Department of Homeland Security, alleging violations of innocent passengers’ Fourth Amendment right to be free of unreasonable searches. The court says that argument doesn’t fly...

(Excerpt) Read more at blogs.forbes.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 4thamendment; dccircuit; dhs; douglasginsburg; epic; fourthamendment; ginsburg; naked; searches; tsa; tsapervs
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the opinion"
1 posted on 07/17/2011 6:38:17 PM PDT by newzjunkey
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To: newzjunkey

I believe they are saying that if you buy a ticket to get on a plane , you waive all rights to privacy.

I don’t have a problem with that, i have no intention of getting on one. A two week boycot of all planes flying would bring this BS to a screeching halt.


2 posted on 07/17/2011 6:42:49 PM PDT by Venturer
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To: newzjunkey
The TSA says:

We're not Nazis except for what we think, say, and do! :)


3 posted on 07/17/2011 6:43:32 PM PDT by I see my hands (Embrace misanthropy)
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To: newzjunkey

Push it up to SCOTUS..


4 posted on 07/17/2011 6:47:25 PM PDT by max americana (FUBO NATION 2012 FK BARAK)
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To: newzjunkey

We need a photoshop of the burning twin towers, one labeled “Fourth Amendment” and the other labeled “Second Amendment”


5 posted on 07/17/2011 6:47:24 PM PDT by lightman (Adjutorium nostrum (+) in nomine Domini)
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To: newzjunkey

6 posted on 07/17/2011 6:51:25 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: newzjunkey
Wow.

What's a Constitution again? Is it something with a bunch of laws we simply ignore now?

7 posted on 07/17/2011 6:51:33 PM PDT by Lazamataz (If you pet a tiny goose, you will feel a little down.)
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To: newzjunkey

Naked scans of travelers are ipso facto unreasonable search under the Fourth Amendment.

If naked xray scanning is not unreasonable, what is? Bone biopsies?

These days I just don’t fly. I have amassed literally millions and millions of frequent flier miles over the years, so believe me, airlines must notice it. Everything about air travel is just to unpleasant now I just don’t do it.

If I can’t drive, these days I just don’t go.


8 posted on 07/17/2011 6:53:35 PM PDT by FlyingEagle
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To: Venturer

Except for certain rights that are inalienable. It doesn’t matter if one chooses to fly or not, unlawful search and seizure is a God given right that can’t be taken away.


9 posted on 07/17/2011 6:54:21 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: Venturer

A two week boycot of all planes flying would bring this BS to a screeching halt.”

Wish I could agree with you but I think BO would prefer that we have absolutely no way to travel more than 40 miles from our home. Keep the folks confined and they are easier to control. He certainly does not seem to care whether airlines survive or not. The number of TSA agents that we are paying with our tax dollars does not seem to correlate in any way with the number of flights or passengers. And now they have the union to ensure their longevity.


10 posted on 07/17/2011 6:57:19 PM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: Venturer
A two week boycot of all planes flying would bring this BS to a screeching halt.

I was just thinking the same thing, only an indefinite boycott until they disband the TSA.

11 posted on 07/17/2011 6:58:40 PM PDT by E. Pluribus Unum ("A society of sheep must in time beget a government of wolves." - Bertrand de Jouvenel des Ursins)
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To: newzjunkey

This is like saying, “If you get on a freeway it is federal property and you are subject to naked strip searches.”

Or, If you go to Washing DC, it is federal property and you are subject to naked strip searches.”


12 posted on 07/17/2011 7:01:23 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: Lazamataz

“What’s a Constitution again? Is it something with a bunch of laws we simply ignore now?”

Forget it! It is an artifact of history, and of no concern for untermenschen.

Work makes free!

Yes we can!


13 posted on 07/17/2011 7:02:29 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: FlyingEagle

“If I can’t drive, these days I just don’t go.”

Same here.


14 posted on 07/17/2011 7:02:49 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: Venturer
A two week boycot of all planes flying would bring this BS to a screeching halt.

I believe you may be right.

15 posted on 07/17/2011 7:03:28 PM PDT by the invisib1e hand ("America will cease to be great when America ceases to be good." -- Welcome to deToqueville.)
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To: newzjunkey
Last weekend, a Tennessee woman was arrested at the Nashville airport for disorderly conduct after she refused TSA security measures for her children

Let's just stop and ponder this: arrested -- put in handcuffs -- God only knows what happened to the children -- with a friend, taken into custody? -- brought to jail; wastes half a day making bail; must appear in court; must pay lawyer; more lost time. Now has an arrest record and her travel plans are down the drain. All because she refused TSA's demand that she force her children to be exposed to strangers.

God bless this mother. God help us all. God damn this system.

16 posted on 07/17/2011 7:08:15 PM PDT by the invisib1e hand ("America will cease to be great when America ceases to be good." -- Welcome to deToqueville.)
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To: E. Pluribus Unum

Just wait until the TSA is unionized. Govt thug union. Great.


17 posted on 07/17/2011 7:09:59 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: the invisib1e hand

What if the perpetrator, the traitor-in-chief, has it as his secret goal to cripple and destroy our evil capitalist system?

The most successful communist traitor mole in history is laughing up his sleeve.


18 posted on 07/17/2011 7:12:57 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: the invisib1e hand

thanks Jerk! I work in the Airline business and trust me, we hate it just as much as anyone else, but my livelihood for my family depends on this. Can i live at your house when you make me lose my job?


19 posted on 07/17/2011 7:14:20 PM PDT by airplaneguy
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To: Venturer

I do have a problem with it because we have the fundamental right to travel and work which demands air flight a lot of times. It doesn’t matter that it is a private company when it is government regulations and rules which are forcing this invasion of our Constitutional rights of unreasonable search, etc. Israel has it right—and do a great job at security and they do NOT put just any arbitrary person through such invasive security—only those profiled which is legal, since it is using reason and Justice—the basis of our Constitution.

Muslims attacked so it is reasonable to search and punish that “group” although Marxists with their irrational PC unconstitutional ideology, would say it is illegal to profile. What are they saying? It is illegal to use reason? Yes—for Marxists, but not the US which is based on reason, logic and science (Natural Law Theory).

PC intentionally kills reason and logic, which will destroy everyone who lives by that philosophy. That is why our Marxist judges are preventing reason and logic from our legal system, starting years ago with Oliver Wendell Holmes and his insane idea that laws should be divorced from morality....an absurd idea that comes directly from John Austin and Mills and the irrational postmodernists.

Our government was founded and established with the Modern philosophy of Locke and Blackstone and it is antithetical to Postmodernism. So—we have no Constitutional amendments that switched our Constitution (yet) to this irrational state—so why are we following dictates from Marxists who infiltrated our “justice” system. Clarence Thomas and Scalia need to stand up.

They would have a right to only search those who come from Muslim countries or are suspicious by other reasonable analysis. That is in the Constitution and our rights, NOT suspendible in this instance by arbitrary, unreasonable, irrational laws.

We fundamentally can never allow people who are not suspected of anything to go through this invasive search. It is unreasonable and only belongs in a fascist Marxist country, where the sick ideology of political correctness had its origin. It is Marxism and doesn’t belong in the USA.


20 posted on 07/17/2011 7:15:21 PM PDT by savagesusie (Virtue is a habit of the mind, consistent with nature and moderation and reason. Cicero)
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