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Traveler Detained for Anti-TSA Message

scifience writes "A traveler frustrated with recent changes to airport security procedures found himself detained in Milwaukee after writing a message critical of the TSA's leader on a plastic bag presented for screening. The message, which read "Kip Hawley is an Idiot," resulted in a confrontation with law enforcement, the traveler being told that his right to freedom of speech applied only "out there (pointing past the id checkers) not while in here [the checkpoint]." The story, which is detailed in a rapidly-growing thread on a discussion forum catering to frequent flyers, has attracted the interest of the ACLU, an AP reporter, and many others. The incident raises a number of interesting questions and concerns regarding just where our rights end."

40 of 1,082 comments (clear)

  1. It used to be your rights end where mine begin by BadAnalogyGuy · · Score: 5, Insightful

    But increasingly, your rights end where dissent begins.

    1. Re:It used to be your rights end where mine begin by Anonymous Coward · · Score: 5, Insightful

      Was that not the purpose of the 2nd Amendment to the US constitution? So as to enable the people to re-take control if the government got out of hand.

    2. Re:It used to be your rights end where mine begin by Potor · · Score: 4, Insightful

      i thought the checkpoint was still in america. i guess it no longer is.

    3. Re:It used to be your rights end where mine begin by TrentTheThief · · Score: 5, Insightful

      As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air however slight lest we become unwitting victims of the darkness.
      ---
      William O. Douglas, Justice of the U.S. Supreme Court

      When I start ranting about this kind crap 20 years ago, everyone thoguht I was insanely paranoid.

      Well, I guess now the shackle is on the other foot. Arbeit Mach Frie.

    4. Re:It used to be your rights end where mine begin by russ1337 · · Score: 4, Insightful

      It might have been, but I do not believe you could.

      The organisers of any movement that has the intention of altering the government will be treated as terrorists. Organisers of a large protests are already photographed and followed and have their names and organisations put on 'watch lists'.

    5. Re:It used to be your rights end where mine begin by rabbit994 · · Score: 4, Insightful

      I'm not advcating the overthrow of the US government but look where all the tanks, planes and missiles is getting us in Iraq. Never underestimate the power of guerrila tactics.

    6. Re:It used to be your rights end where mine begin by nomadic · · Score: 5, Insightful

      Privately owned airports are private property. They may be guarded by the government but on my property if you say I'm an idiot I'm kicking you off. If you walked into a wal-mart with a shirt that said wal-mart sucks you would get kicked out. Feel free to wear that crap out on the street. People aren't let into restaraunts and clubs all the tim because of attire. Why the hell would an airport be any different?

      ...

      That post is so wrong that I don't even know where to begin. First of all, where do you get the idea that the airport in question is privately-owned? It's not. Why would you make a statement like that without spending 5 seconds on a google search?

      Secondly even if it had been, he wasn't denied access by the owners of the airport, but by agents of the federal government. Since TSA agents are required there by law and answer to the federal government, they're not agents of any theoretical owner of the airport and are not the owner's agents. They have no right to make decisions like that.

      Thirdly, even if it had been a privately-owned airport and he was denied access by the owners of the airport, airports are places of public accomodation where your first amendment rights receive some protection.

    7. Re:It used to be your rights end where mine begin by AndersOSU · · Score: 5, Insightful

      While I think that all the examples you gave indicate an abuse of power, and should be stopped, I have to ask if you think any of this is new?

      The only thing new here is the technology - police abuse of power has been around since there were police (and before that it was other people in positions of authority abusing their power.)

      Whenever I see these threads about the US going to hell in a handbag I always ask, and how is this different? Sure there are somethings to be concerned about (e.g. domestic wiretapping.) But when people go on about how america isn't what it used to be, they loose at least some credibility in my eyes. Sure america might not be what it was idealized to be - but then again it never has been. (alien and sedition acts, jim crow, japenese internment camps, and the red scare.)

      Not that I'm defending any abuses of liberty, but it isn't like it is something new, or to put it away America hasn't changed as much as some want us to think.

    8. Re:It used to be your rights end where mine begin by Casualposter · · Score: 5, Insightful

      What bothers me is this attitude that our rights have diminished. They have not. They are inalienable rights, which means that they cannot be taken away. Governments may attempt and even succeed at harming someone for the expression of a right, but that government CANNOT take that right away.

      The time is coming, if not now, that the people of the USA must take their government to task for the abridgement of the expression of our rights.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    9. Re:It used to be your rights end where mine begin by organgtool · · Score: 5, Insightful

      If the point of this article is that U.S. citizens are not able to exercise the rights granted to them by the FIRST amendment, what makes you think that they are free to exercise the rights of the second amendment, or any other amendment for that matter. The U.S. is not at war with terror - the Bush administration is at war with the Constitution.

    10. Re:It used to be your rights end where mine begin by Mr.+Slippery · · Score: 4, Insightful
      so the leaders of the american Libertarian party, the Reform party, the American Communist party, and others have been locked up for intending to alter the government? Wow, and I missed it.

      You need to read up on the Red Scare. A large number of socialists were jail or deportated. The 1918 Sedition Act made it illegal to speak out against the government. The Post Office was allowed to deny mail to those labeled dissenters. Socialist Party presidental candidate Eugene Debs ran from prison in 1920, jailed for making an anti-war speech.

      Don't think it can't happen here. It already has. These actions decades ago pretty much destroyed the Left in the U.S., leaving us with the two right-wing parties we have today.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  2. Our rights by naich · · Score: 5, Insightful

    "The incident raises a number of interesting questions and concerns regarding just where our rights end."

    Don't you mean "... when our rights ended"?

    1. Re:Our rights by Dachannien · · Score: 4, Insightful

      Do you mean 1918, 1861, or 1798?

      Note that in each of those cases, we're talking about the highest levels of federal government taking overt acts to revoke our First Amendment rights. Compare that with this particular case of some local TSA moron doing something stupid.

      Yes, I'm aware of the "free speech zones" at debates and conventions in recent elections, and I think they're a horrible idea, but at least in those cases it's motivated by the inability of police to guarantee the safety of the people both inside and outside the building when a terror target is that high-profile. On the other hand, those events are infrequent compared with the hindrances on free speech rights that take place at our public educational institutions every day, this time motivated by left-leaning political correctness advocates rather than by right-leaning Patriot Act advocates.

    2. Re:Our rights by Shaper_pmp · · Score: 5, Insightful

      Damn, forgot to add:

      "Yes, I'm aware of the "free speech zones" at debates and conventions in recent elections, and I think they're a horrible idea, but at least in those cases it's motivated by the inability of police to guarantee the safety of the people both inside and outside the building when a terror target is that high-profile."

      In other words, the threat of terrorism (which, if you look up the statistics is on par with your chances of being struck by lightning) means we have to restrict free speech?

      So why don't we have laws restricting people from congregating out in the open when the weather's looking a bit sketchy?

      And why should people be allowed into rallies or photo-ops if they look like supporters, but herded into free speech zones if they look like protesters? If anyone was going to bomb the Republican Party Convention do you really think they'd be stupid enough to wander up wearing a "Fuck Bush" T-shirt over their homemade dynamite vest?

      This entire rationale is so pathetically flimsy it's completely see-through. There is only one reason to herd peaceful protesters into designated (almost always well-hidden) areas but still allow supporters through, and that's because you don't want people to see the protest.

      Unfortunately that's rather the whole point of your right to free assembly, so they have to come up with a pathetic pretext to allow them to needlessly violate your basic rights.

      "On the other hand, those events are infrequent compared with the hindrances on free speech rights that take place at our public educational institutions every day, this time motivated by left-leaning political correctness advocates rather than by right-leaning Patriot Act advocates."

      I read the article. A religious group thinks it should continue to receive funding from a state school, but should be allowed to only admit individuals who share that faith. The state school thinks that this violates Separation of Church and State, which sounds pretty correct to me.

      The school has offered to either stop funding all the religious groups in the school, or continue to fund the Knights of Columbus if it admits non-believers. The group has refused this.

      Nobody's denying anyone free speech, and it's shockingly intellectually dishonest to claim they are.

      All the school is saying is that if the group's going to exclude people on religious lines, then they (as a state entity) shouldn't be paying them to do it.

      As (presumably) a religious person, how would you feel about your kid's school funding a science club that refused to allow membership to Christians?

      --
      Everything in moderation, including moderation itself
  3. They end right there... by 3.14159265 · · Score: 5, Insightful

    "The incident raises a number of interesting questions and concerns regarding just where our rights end."

    Well, they end right there at the point where people happily exchange freedom for that so called "security".

    -------

    Born stupid? Try again.

  4. Constitution? by Anonymous Coward · · Score: 5, Insightful

    Don't you yanks have a constitiution for this sort of thing?

    1. Re:Constitution? by vtcodger · · Score: 5, Insightful
      ***Don't you yanks have a constitiution for this sort of thing?***

      Sure, but so do Cuba, China, and Libya.

      Here's a short excerpt from the constitution of the People's Republic of China.

      "Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.

      Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief..."

      Constitutions only work when the people in charge feel constrained by their content

      --
      You can't see ANYTHING from a car, You've got to get out of the goddamned contraption and walk...Edward Abbey
  5. where our rights end by Threni · · Score: 5, Insightful

    > regarding just where our rights end.

    Your rights ended on the morning of September 11th 2001 - apparantly the morning of a successful coup of the US government by Al-Queda.

    1. Re:where our rights end by Analogy+Man · · Score: 5, Insightful
      When the USA started measuring itself against the worst in the world instead of the best is when Al-Queda won. How many times have you heard the pundit apologists rationalize actions that go against everything America stands for with these stupid streams of logic?
      • RE: the assault on our civil liberties - "They didn't have those freedom's in Iraq."
      • Re: Detainment, torture, Abu Graib - "We don't video tape beheadings"
      • Re: Telling lies to the American people. - "Bush didn't have an affair with a fat cow and lie about that"
      --
      When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
  6. Liberalism by SlOrbA · · Score: 5, Insightful

    In Civilization IV's Civilopedia there is a Benjamin Franklin quotation on article about Liberalism.

    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both"

    In this context the society is not the State but the airport. Do people feel more secure on security control when a person before them is pointed out because of critisim about the system or are they going to be looking around for the lion in the bushes.

    1. Re:Liberalism by ObsessiveMathsFreak · · Score: 5, Insightful
      In times of war sacrifices have to be made. This isn't about "rights", this is about survival.
      Yes!! We must destroy our society in order to save it! What's integrity when you can have piece of mind?!!
      --
      May the Maths Be with you!
  7. Hmm by Anonymous Coward · · Score: 4, Insightful

    They clearly ought to have let him or her go through. There was no security risk, and being held up for 25 minutes can easily make you miss your flight. On the other hand, as abuses of authority go, this is fairly mild.

    But what I'm wondering is why people think it's a good idea to go out of your way to be rude or insulting. If you shout "pig" at every cop you pass in the street, pretty soon you will find somone who takes it to heart and will give you a bad time. Maybe this is a violation of your freedom of speech. But why do it in the first place?

  8. Okay, so the TSA guys... by 91degrees · · Score: 4, Insightful

    Are not very bright, have an over important opinion of themselves and become hostile if contradicted.

    Punishing those responsible isn't going to solve this problem in the general case.

    Can anyone suggest a more proactive solution?

  9. Re:Well, Duhh. by RegularFry · · Score: 4, Insightful

    It's always worth getting in a flap about it. The more people get desensitised to that sort of behaviour, the less likely they are to react in the correct way when someone actually means it. Frogs boiling and all that.

    --
    Reality is the ultimate Rorschach.
  10. This reminds me of an old saying by hey! · · Score: 5, Insightful

    If you don't think too clearly, then it's best you don't think to much.

    Evidently philosophical acumen apprently isn't high on the list of qualifications for being a TSA screener.

    That said, I fly a great deal, and TSA personnel seem to be fairly representative of the rest of the human race; some are automatically grouchy and unpleasant, some are tempermentally helpful and friendly, and the majority are like most people, they give you back what you bring them. When you're snide or difficult, the grouchy ones return with interest; when you are pleasant and courteous, the friendly ones return that with interest.

    Speaking of philosophy, in Plato's ideal state there were three classes of people, rulers, who required the virtue of wisdom (sophia); soldiers, who required the virtue of courage (andreia); and the rest of the people who required the virtue of sophrosune, which is translated often as moderation, but is perhaps better thought of as temperance. The Greeks thought of this as a kind of self-control over pleasure seaking, but it applies to the negative emotions like anger and suspicion as well. In a modern democratic republic, people (even soliders -- possibly especially them) are called on to excerise the virtues of all three Platonic classes of people, although in different measure.

    TSA is above all a civilian agency, although security is its function. And the civilian virtue of temperance is critical to the efficient execution of its duties. Consider the grouchy, aggressive and irritable inspector, on one hand, and the overly friendly one on the other. These are both bad, not because the travelling population is comprised mostly of decent people (it is) on one hand, nor because the travelling population contains dangerous bad people (it does). The reason these characteristics are bad in a screener is that they are both forms of distraction from the actual job.

    TSA was cobbled together pretty much overnight, so its a mixed bag. But consider the benefits of moderation. If you're too suspicious, you jump to conclusions and you dwell on irrelevant details. If I were a terrorist, I'd want to be a couple of people behind the guy with the Kip Hawley bag, so I could pass through while everyone was dealing with the First Amendment brouhahah. Likewise, you want the inspectors to be pleasant, but not too friendly. Pleasant behavior is a social lubricant; it makes things run faster. That means more people inspected in a given number of time, or the same number scrutinized in more detail. But you don't want pleasantness to rise to outright friendliness. Chatting and making small talk would get in the way of business.

    Of course, you need a wide selection of people if you want to consistently pick the ones from the middle of the deck. For better or worse, security is just one of those things we think anybody is able to do; we don't see it as a job with high professional or personal qualifications. By paying accordingly, we don't a work force which is consistently fitted to do the job with excellence. We end up with a workforce that is representative of the population, and have to accept the natural variations in performance that involves. Perhaps that's good enough. Freedom isn't going to fall apart because of some hot-headed TSA employee taking it upon himself to impose loyalty on the citizenry. Society isn't going to unravel if the occasional airplane is hijacked. We don't like to think of it this way, but we really treat these things as part of the cost of doing the business of society. If we didn't, we'd do what was necessary to have a more consistenly professional TSA.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  11. WWII *had* an end by Mr2001 · · Score: 5, Insightful

    The problem with our current "war" is it has no defined condition for winning. We won WWII when Germany and Japan were defeated, but our current military escapades have no potential end in sight.

    How will we know when the War On Terror is over? George W. Bush said, on 9/20/2001, that it "will not end until every terrorist group of global reach has been found, stopped and defeated". How the hell are we going to determine that? Who can possibly predict how long that'll take?

    Similar problems present themselves in Iraq. "Major combat operations" officially ended over three years ago, when that banner was unfurled on the aircraft carrier. But we're still there. We've been hearing phrases like "as the Iraqis stand up, we'll stand down" and "the next six months will be critical" for years now, with no end in sight.

    We have no definition of victory. You can't compare this current erosion of rights, done in the name of perpetual war, with any erosion of rights that might've occurred during the well-defined WWII, because no one has any idea when we'll even know that it's time to expect our rights back.

    --
    Visual IRC: Fast. Powerful. Free.
    1. Re:WWII *had* an end by dan+dan+the+dna+man · · Score: 5, Insightful

      How will we know when the War On Terror is over?

      It's slated to finish shortly after the War On Drugs.

      --
      I don't read your sig, why do you read mine?
  12. Re:RTFA (Read The Fucking Amendment) by ObsessiveMathsFreak · · Score: 5, Insightful
    Capisci? Your freedom of speech, or press, or whatever, exist _only_ in your relation to congress. Noone else. Not an airline, not your neighbour, not Slashdot, not your employer, etc.
    Nice tirade, but in all that you forgot one small detail. The TSA is a part of the government. A private airline has no power to detain anyone whatsoever, or to search anyone for that matter. This guy was detained, questioned, berated and denounced by government officials. Your country is still turning into a police state, despite your excuses.
    --
    May the Maths Be with you!
  13. Re:RTFA (Read The Fucking Amendment) by hazem · · Score: 4, Insightful

    Capisci? Your freedom of speech, or press, or whatever, exist _only_ in your relation to congress. Noone else. Not an airline, not your neighbour, not Slashdot, not your employer, etc.

    Congress, and by extension, the government. Most airports are federal government property and the TSA is a government agency. Because of that, the first (and the rest) amendment applies to them.

    By your interpretation, someone only has those rights when they are in the congress.

  14. It's The Pettiness by ObsessiveMathsFreak · · Score: 5, Insightful
    On the other hand, as abuses of authority go, this is fairly mild.
    But it's the pettiness of it that really stings though. The fact that jumped up little dictators in lowly positions abuse the current hysteria to basically enforce their views and opinions on others is really awful. It's like how factory foremen or the local priest used to dominate their communities, forcing people who were on paper free men, to essentially bow to their will.

    Let's say you're a frequent flyer, for reasons of business. If your local TSA supervisor gropes you or someone you know at a bar or on the street, what are you going to do? What if they get in a property dispute with you? What if their child is tormenting your child at school? What if they don't like the clubs or places you want to frequent? What if you want to campaign for a political party they don't really like?

    What will you do? Exercise your rights? Do something that might displease the officials? Perturb or them in some small way? You will on your fuck! You will drop everything and anything the moment you smell that this petty prick might make flying more difficult for you. Only fools and people with the right kind of friends will do otherwise.

    As the TSA officials and persons like them grow in number and influence, expect such situations to arise. You think it won't happen? The people who set up the TSA, the people in the TSA, they all believe that such a state of affairs would be right and proper. They have a world view, and it does not involve tolerance for yours. If they can find a way to make life miserable for people who don't follow them, they will.
    --
    May the Maths Be with you!
  15. this sort of thing always reminds me of a quote: by happytechie · · Score: 4, Insightful

    They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin, Historical Review of Pennsylvania, 1759 that seems to be relavent in this case

    --
    --
  16. Depressing, but true by QuaintRealist · · Score: 4, Insightful

    You hit the nail on the head - my country is turning (in places) into a police state. OK, OK, it's not smart to exercise your free speech in certain times and places. I wouldn't call a local police officer an "idiot" on a routine traffic stop on a dark country lane, even though it would be legal to do so if you weren't threatening

    That being said, this is inexcusable. My wife and I aren't going to travel to a cousin's wedding this winter because it has become an exhausting, aggravating, and sometimes demeaning struggle to fly from place to place within the US.

    If we (the people of the United States) don't use our right to vote this year and in 2008 to shake up those who imposed these draconian "solutions" to terrorism, well, shame on us all.

    --
    Using plain ol' text since 1968
  17. Re:Who are these people? by honkycat · · Score: 4, Insightful

    First, I'm extremely polite to nearly everyone I interact with almost 100% of the time, and I have encountered PLENTY of rude cops, TSA, and customs agents.

    Second, are you seriously suggesting that we shouldn't worry when our government detains an individual who has not only committed no crime, but has shown no evidence whatsoever of having committed any crime?

    We have an absolute constitutional right to peacefully express any opinion we like, whether or not it is productive or mature to do so. This was an egregious violation of that right and that is not something that can be tolerated.

  18. And? by BoomerSooner · · Score: 5, Insightful

    Hey for a safer America you should be willing to do anything, right?

    If you have nothing to hide, they wouldn't pick you up, would they?

    The terrorists have won by allowing a regime that wants to do things the same as the countries we accuse of "not being free & democratic". The fear of this irrational thing called terrorism is pathetic. More people die from lung cancer every year in the US. More people have died (or will soon) fighting a stupid war with no real goal, direction or possible positive outcome.

    This country is slowly moving down the road of fascism or some other "new" form of dictatorship. When a government keeps it's society in check by fear and hatred, only bad things come of it. How long until we get our Hitler? Stalin? Moussolini?

    We are not impervious to failure. The almighty dollar seems to be the only concern in the U$A. Pathetic when a country can spend billions on war and nothing to help the poor and sick.

    Jesus wouldn't have voted for Bush that is for certain. War is not the solution to the current problems in the world. Our external policies over the last 50 years or so has assisted in creating this monster. When will people wake up and realize we (the country and our representatives) are not infallible? Hopefully not before it's too late.

    1. Re:And? by a_nonamiss · · Score: 5, Insightful

      This is NOT an exaggeration:

      OFFICER: You are an enemy combatant. You're under arrest.
      PERSON: Why?
      OFFICER: There is a very good reason, but it's classified.
      PERSON: What evidence do you have?
      OFFICER: Oh, we have lots of evidence, but it's classified.
      PERSON: Who accused me of these crimes?
      OFFICER: Sorry sir, we can't tell you that. It's classified.
      PERSON: When can I go home to my family?
      OFFICER: When you've been tried and found innocent.
      PERSON: How long will that take?
      OFFICER: When the war is over.
      PERSON: Can I at least call my wife and tell her I'm OK?
      OFFICER: I'm sorry sir, you aren't allowed to contact anyone.

      This could happen to you. Maybe you did something awful, but maybe you didn't. Maybe you just said something in a forum that was critical of the person in charge. You don't know. Nobody does. You could be in jail for years, and not know any more than this. No lawyer. Your family doesn't know where you are. You don't know why you're being detained. And they don't have to tell you anything.

      This new law would make the above scenario perfectly legal.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    2. Re:And? by Maximum+Prophet · · Score: 4, Insightful

      You don't understand. The government will only do this to Them, never to us. (for sufficiently advanced definitions of us and them)

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:And? by squidfood · · Score: 4, Insightful
      We didn't offer habeus corpus to German POWs during WWII, either.

      And as long as the Geneva Conventions apply (as they did in WWII) I have no problem with that. Treating these prisoners the same way we treated German POWs would be a step forward from current dangerous policies.

  19. State's Secrets by DeadCatX2 · · Score: 4, Insightful

    Until the DoJ tries to claim that your freedom of speech is a danger to national security.

    Then your lawsuit (usually) disappears.

    --
    :(){ :|:& };:
  20. Re:You think it's bad now?! JUST WAIT. by kfg · · Score: 5, Insightful

    This is the Military Dictatorship Act (Bush overtly claims his authority comes as Commander in Chief). There's no two ways about it

    There are millions of Americans out there who are distressed at what's going on, but think we're still ok, because no one has come to take them away for speaking their mind. They overlook the fact that dictatorship is not defined by whether or not they have come to take you away, but whether or not they have the legal authority to come take you away.

    Once they have the legal authority when they finally come to take you away you will have no defense; and it is your ability to defend yourself under law that defines a free society.

    But don't worry, they aren't likely to slap chains on you, what they do is slap chains on a few select people to make you afraid and get you to slap chains on yourself, like a "good little boy."

    And your children will accept without question that you have no rights of speech, because they do not even understand the concept. Be afraid of . . . your children.

    Yes, I'm being "alarmist." That's the frickin' point.

    KFG

  21. The end point does not change by peacefinder · · Score: 5, Insightful

    "The incident raises a number of interesting questions and concerns regarding just where our rights end."

    There is no interesting question about where our rights end. Our rights themselves continue to be what they were. The interesting question is where our rights begin to be oppressed.

    If you fail to grasp this important distinction, you are granting others power over your inalienable rights.

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd