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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."

93 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 jacquesm · · Score: 3, Interesting
      this and other crazy incidents have caused me to avoid the US when travelling, even when
      passing through to other countries.


      Makes you wonder how many people have decided that and how many airlines will go bust as a
      result.


    2. Re:It used to be your rights end where mine begin by Anonymous Coward · · Score: 3, Insightful

      Seriously. I'm beginning to think we should really do the French thing and surrender. And by 'surrender' I mean stage fucking riots and take back our country. When the hell did we lose our collective spine to such an extent?

    3. Re:It used to be your rights end where mine begin by arivanov · · Score: 5, Interesting
      Same here. I avoid to the extent possible any travel to the US.

      I turned down two jobs for the sole reason that they advertised "frequent travel to US headquarters" as an advantage. No thanks, that is not an advantage. It is a first degree disadvantage.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    4. 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.

    5. 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.

    6. 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.

    7. Re:It used to be your rights end where mine begin by Ginger+Unicorn · · Score: 3, Insightful

      You honestly believe the UK is as bad as the US? At least in the UK it is socially acceptable to criticise the government. If you do that in the US you're commie terrorist traitor that wants americans to die. In the UK everyone sees the government for what it is and tells it so regularly in the mainstream media. (Pity Tony Blair never listened)

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    8. 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'.

    9. Re:It used to be your rights end where mine begin by jcr · · Score: 5, Interesting

      No, your rights remain.They may be infringed, but your rights are still your rights, and that's why this traveller has a cause of action to sue the TSA over this fracas.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    10. Re:It used to be your rights end where mine begin by jcr · · Score: 3, Insightful

      You honestly believe the UK is as bad as the US?

      It's rather worse, actually. The UK has pervasive surveillance, and they also have a nasty habit of prosecuting anyone who attempts to defend himself from a criminal attack. So, you get neither privacy nor the safety that was offered for giving up the privacy.

      If you do that in the US you're commie terrorist traitor that wants americans to die.

      That's the broad-brush problem. Just as Muslims are being tainted in the eyes of many people around the world by the fact that a pack of head-chopping misogynists claim to be Muslims, the anti-war movement in the US suffers from the fact that it's the commie traitors who get the most press. The fact is, Ward Churchill is s jucier story than any of the rationa people who oppose the war.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    11. Re:It used to be your rights end where mine begin by icepick72 · · Score: 3, Insightful

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

      If it was 20 years ago then you were way too early and indeed paranoid at the time; however it's nice you can say you told us so regardless. I really like the quote.

    12. Re:It used to be your rights end where mine begin by Ginger+Unicorn · · Score: 3, Interesting
      I dont live in america, so no i havent, but i have seen fox news a few times and that seems to be their attitude. I mean bill o reilly actually said that that supreme court justice woman who ruled the wiretaps illegal wants americans to die.

      And apparently John Kerry "looks french". I'm sure nothing can be read into that.

      The trouble is people actually ingest that kind of poisonous filth day after day until it becomes truth. If you stack Fox up against the BBC the difference is quite frankly, chilling. I dont know what the other american networks are like, but if they are even 50% as biased and agenda-based as Fox, then I would be really scared.

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    13. Re:It used to be your rights end where mine begin by ElleyKitten · · Score: 3, 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.
      Well, yeah, but that was when the best weapons were muskets and civilians could (and did) have enough to make overthrowing a government practical. Now, with all sorts of weapons like tanks and missles and fighter planes, it's impossible for civilians to take on the government one on one. Even if the second admendment included tanks and stuff, only the richest could afford them, so I guess the poor and middle class would just have to choose some rich person to give their support, and that really doesn't sound like a revolution.
      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    14. 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.

    15. 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.

    16. 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.

    17. Re:It used to be your rights end where mine begin by PeterBrett · · Score: 5, Informative
      This leads me to wonder if you've ever even been to the UK. Where I live, the only 'pervasive surveillance' is in shopping malls and smaller retail outlets, and is all private. If you don't want to be surveilled (sic) you can just avoid the shops with CCTV (and, of course, pay more since you are also paying for shoplifters).

      I live in Cambridge. There is extensive centrally-controlled CCTV coverage throughout the city centre, and in fact the city council have started a poster campaign encouraging people to report potentially criminal behaviour within a CCTV-covered area, by sending a text message to the control centre.

      You missed out the excessive force part. You are perfectly free to defend yourself with 'reasonable force.' This means force proportional to the threat. If someone threatens to punch you and you shoot them then this is not reasonable force, and you will be prosecuted. Self defence continues to be a valid defence in the UK, but self defence ends as a defence after you have neutralised the threat.

      Actually, this isn't entirely accurate. Suppose someone threatens you with a knife, and you point a shotgun at them. They then lunge at you anyway, and you pull the trigger and kill them. IANAL, but people who are have suggested that this falls under the remit of 'reasonable force.'

      One of the reasons that the farmer who I think the GP was referring to was sent down for such a long time was that he shot the fellow in the back, and thus he could not claim that pulling the trigger was immediate self-defence. I suspect he would have got away with it if he had just emptied a barrel into the burglar's chest without threatening him or giving any warning.

      I can't say I'm itching to put these theories to the test, though...

    18. Re:It used to be your rights end where mine begin by lawpoop · · Score: 5, Interesting

      A few months ago I would have agreed with you. That was before I started learning the recent history.

      It was after Nixon's political demise that Cheney, Rumsfeld, and others who came to be called Neo-cons stared to look for ways to increase the power of the presidency. Remember, it was Nixon who said that anything the president does it legal, because it is the president who is doing it. In other words, the president is above the law. Since then, they have slowly been setting the stage for this very day.

      We had Reagan, who destroyed the unions and set up the boogeyman of the welfare queen, to destroy the social safety net and job security of the middle class. Look where we are now -- Productivity is the highest its been in fifty years, yet people are making less money, working more hours, with less benefits. Prices are up, savings is at an all-time low, and credit card debt at a high. People can't worry about politics -- they are too busy working. Have a problem with this? Shut up with your class warfare and get back to work.

      Then came Bush Sr., who was somewhat stymied by a democratic congress and a single term. Clinton's anti-terrorism efforts were hampered by Republicans charging about gays in the military and Lewinsky. I assume I don't need to tell you about Bush.

      So if you look at who the major players are behind the scenes in the Regan and both Bush presidencies, you will find Cheney, Rumsfeld, Wolfowitz, and assorted other Neo-cons who wanted to strengthen the presidency after Nixon's impeachment. Scary.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    19. 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
    20. Re:It used to be your rights end where mine begin by Ash+Vince · · Score: 3, Insightful

      You missed the Macarthy era? Lucky you. But I seem to recall some people were sent to prison during it.

      But seriously join the American Communist Party and see what happens. You will find it alot harder to get highly paid work and a lot of doors that were previously open will close for no apparrent reason.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    21. Re:It used to be your rights end where mine begin by Tim+C · · Score: 3, Insightful

      The UK has pervasive surveillance

      I live and work in London, and even here you cannot describe the surveillance as "pervasive". Most of the CCTV cameras you see are privately owned by the managers/owners of the buildings they're attached to, and are purely for keeping watch on their own premises. There are actually very few "public" CCTV cameras in London, unless you count those on public transport (which is increasinly privately-owned). No, the situation is not ideal, but rest assured that The Man is not watching our every move (at least, not yet - and think of the manpower required to watch the entire population...)

      they also have a nasty habit of prosecuting anyone who attempts to defend himself from a criminal attack

      Do you have any sources to back that up? I can think of only one case in the last decade or so that made the press - Tony Martin, who shot a fleeing burglar in the back with a shotgun. Believe me, the British press would be all over that sort of story, they've been whipping up a frenzy about the "crumbling, outdated legal system failing victims while being soft on criminals" on and off for years.

      Just as Muslims are being tainted in the eyes of many people around the world by the fact that a pack of head-chopping misogynists claim to be Muslims, the anti-war movement in the US suffers from the fact that it's the commie traitors who get the most press.

      Similarly, you seem to have decided that we have no right to self defense based on one case that was very poorly reported by the press at the time. We most certainly do have a right to use reasonable force to defend not only ourselves, but anyone who we have reason to believe is in danger of harm.

    22. Re:It used to be your rights end where mine begin by Lummoxx · · Score: 3, Interesting

      Now, with all sorts of weapons like tanks and missles and fighter planes, it's impossible for civilians to take on the government one on one.

      For accuracy, let's switch the word citizen for civilian.

      If these citizens constitute a non-representative group of radicals trying to take over...you're exactly right, and how it should be.

      However, a majority, or near majority group, with the strength and will of it's people behind it, will consist of members of the military. A detail that seems to be often overlooked in these exchanges, is the fact that the military of the United States is composed of these very citizens, some of which would be on the side looking to take on the government. Now of course, there's no way of knowing how many members of the military will fall on either side of the issue, but it's fairly safe to assume that, if another American civil war were to happen, the sides would have varying degrees of the same access to equipment, material, and the people trained to use said equipment.

      --

      I am a viral sig. Please copy me and help me spread. Thank you.

    23. Re:It used to be your rights end where mine begin by rlinkbass · · Score: 3, Informative
      Yes, but the other thing here is that, as far as I know, this is not TSA policy. This sounds like an overly reactive and possibly power tripping PERSON. NOT the US government.
      Then why the periodic recording broadcast through the terminal in Houston reminding passengers that any negative comments or jokes directed at TSA personnel will result in arrest? I was totally shocked on hearing this on a recent layover there. But then, that's Texas...
    24. 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.

    25. Re:It used to be your rights end where mine begin by PeterBrett · · Score: 3, Insightful
      Of course, if criticize (sic) another person, or mention that Muslims comprise the majority of the world's terrorists, or siggest (sic) that Christianity or Islam are based in hatred of the other, you will be flayed alive and thrown naked into the Thames. Because in the UK, you only cricize (sic) the government. Everyone else is off limits, by law.

      Firstly: I'm a Catholic. We are continually vilified in the media; you probably haven't noticed it simply because its so common. Our spiritual leader, the Pope, is criticised no matter what he does, and lambasted by people who fundamentally fail to understand the role he plays.

      When a newspaper in one of the Baltic states prints a fairly mild caricature of Muhammad, Muslims the world over stage mass protests and threaten to boycott goods from that country. When similar cartoons of Jesus are printed, do artists lose their jobs and high-ranking politicians rush to make amends? When the Pope quotes a 14th C. predecessor's criticism of Islam and the men who follow its precepts, churches are attacked all over the middle east and Christians in Islamic countries cower in their homes for fear of the mob. When a similarly high-ranking Islamic cleric himself denounces all people of other faiths as apostates deserving of death, do mosques burn? The director of a documentary critical of Muslims' attitude to women was gunned down in a street in Amsterdam. Dan Brown remains in good health, despite The Da Vinci Code.

      Feel free to suggest that Christianity is based around the hatred of Muslims (or any other faith); you would be wrong. The converse may, however, be true.

      None of this changes my belief that it would be wrong to subscribe to the belief that "Muslims are terrorists," or even "Muslims comprise the majority of the world's terrorists." Timothy McVeigh, the IRA, Basque separatists... Muslim terrorists are just the new Communist revolutionaries, a bogeyman to scare the witless masses into surrendering their rights. Demonising the many for the actions of the few is neither fair nor just, but an inevitable result of the modern focus on the unusual. Just as the fact that a few priests are paedophiles leads people to think that most priests are paedophiles, the fact that some Muslims are terrorists leads people to think that most Muslims are terrorists.

    26. 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
    27. Re:It used to be your rights end where mine begin by Dun+Malg · · Score: 3, Insightful
      Well, yeah, but that was when the best weapons were muskets and civilians could (and did) have enough to make overthrowing a government practical. Now, with all sorts of weapons like tanks and missles and fighter planes, it's impossible for civilians to take on the government one on one. Even if the second admendment included tanks and stuff, only the richest could afford them, so I guess the poor and middle class would just have to choose some rich person to give their support, and that really doesn't sound like a revolution.
      We've heard that argument a hundred times before, and it's just as silly now as it's ever been. How do you put down a popular insurgency with missiles and fighter planes? Tanks have some limited utility, but for the most part the only way to deal with armed rebels living in and among "the people" is foot troops on the ground-- witness Iraq circa NOW. Furthermore, this argument also automatically assumes that the military is a mindless slave of the government, which isn't really the case. The kind of folks who would actively oppose the government in large numbers with force of arms are exactly the sort of people who you would likewise find in large numbers in the military itself. If it came down to it, you'd find large portions of the military itself joining "the other side". Really, in order for an armed insurrection to take hold, you just need enough people involved to overcome the police forces. Police are the ones indoctrinated with an "us vs. them" attitude towards the general population. This is where the 2nd Amendment really makes the difference. An unarmed populace is very easily cowed by a few cops in riot gear. This is what galls me about the "legitimate sporting purpose" nonsense bandied about by various would-be gun regulation proponents. The purpose of the armed population ensured by the 2nd isn't about hunting, target shooting, or any other "sport". It's about the people having a check against government tyranny, and tyranny is administered by relatively lightly armed civilian agencies like police forces, not the 1st Armored Division rolling around the city in M1A1 tanks.
      --
      If a job's not worth doing, it's not worth doing right.
    28. Re:It used to be your rights end where mine begin by TubeSteak · · Score: 3, Interesting
      When similar cartoons of Jesus are printed, do artists lose their jobs and high-ranking politicians rush to make amends?
      Does Catholocism proscribe any depiction of Jesus?

      I thought not.

      Muslims (and Jews) happen to take the whole "You shall not make for yourself a graven image, or any likeness of anything that is in heaven above," thing very seriously.

      Christianity as a whole seems to have forgotten the lesson of the Golden Calf.
      --
      [Fuck Beta]
      o0t!
  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 BadAnalogyGuy · · Score: 5, Funny

      Lots of Americans have the constitution of a beached whale.

    2. Re:Constitution? by squiggleslash · · Score: 4, Informative

      Believe it or not, the USSR had a constitution guaranteeing freedom of speech too.

      A Bill of Rights is useless unless enforced. Which is why the ACLU is on the case. That is one saving grace of the current mess, we do, at least, know that the government will be dragged into court over this (which isn't something that would have happened in the USSR.)

      --
      You are not alone. This is not normal. None of this is normal.
    3. 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
    4. Re:Constitution? by Bvardi · · Score: 3, Funny

      "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"

      -- Actually I think their constitution is completely accurate - I'm sure most of their citizens WOULD enjoy freedom of religion, association, procession, and of demonstration. Of course the government would have to give it to them to find out for sure....

  5. Hang on... by randommemoryaccess · · Score: 3, Funny

    Don't our rights end where our lefts begin?

    1. Re:Hang on... by i_should_be_working · · Score: 5, Funny

      Makes sense. I left the states in '98 and my rights are still (mostly) intact.

  6. 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.
  7. 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!
  8. Are Rights Cyclic? by Anonymous Coward · · Score: 5, Interesting

    I wonder if there was a similar erosion of rights and freedoms during the second world war? And if so, was that erosion reversed during the period after WWII?

  9. Well, Duhh. by jthill · · Score: 3, Insightful

    Kip Hawley and the entire TSA are rice-bowlers, collecting paychecks from a spectacularly moronic WPA that spends money as fast as the real WPA ever did but doesn't produce a damned thing.

    This guy knows it, and said it in a particularly insulting way. To the people collecting those paychecks, who also know it in their hearts, and are ashamed.

    So, yeah, they got angry. The twaddle about 1st Amendment rights applying ~out there, not in here~ was just angry-stupid horking, not worth getting in a flap about.

    --
    As always, all IMO. Insert "I think" everywhere grammatically possible.
    1. 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.
    2. Re:Well, Duhh. by Minwee · · Score: 5, Interesting

      I think the term you are looking for is "Salami Tactics". I believe that Sir Humphrey Appleby had something to say on the subject. Into the Wayback Machine, Sherman!

      "They know if they launched an attack. I'd press the button."
      "You would?"
      "At the last resort, yes, I certainly would."
      "And what is the last resort? ... If they try anything, it will be salami tactics."
      "Salami tactics?"
      "Slice by slice. One small piece at a time. So will you press the button if they invade West Berlin? Riots in West Berlin, buildings in flames. East German fire brigade crosses the border to help. Would you press the button...? The East German police come with them. Then some troops, more troops just for riot control, they say. And then the East German troops are replaced by Russian troops. Button...? Then the Russian troops don't go. They are invited to stay to support civilian administration. The civilian administration closes roads and Tempelhof Airport. The Russian army accidentally on purpose cross the West German frontier. Suppose the Russians have invaded West Germany, Belgium, Holland, France? Suppose their tanks and troops have reached the English Channel and are poised to invade? Is that the last resort?"
      "We'd only fight a nuclear war to defend ourselves. That would be committing suicide!"
      "So what is the last resort? Piccadilly? Watford Gap service station? The Reform Club?"

      So where is the real danger? When your first amendment rights disappear? ("He shouldn't have said that. It's unpatriotic.") Third? ("Support our troops! And have breakfast waiting for them in the morning, please.") Fourth? ("If he wasn't a terrorist, he would have nothing to hide.") Sixth, Seventh and Eighth? ("They're enemy combatants, not people.") Or should you wait until they're all gone to start worrying?

      Hey, as long as you have the twenty-first then things are all A-OK, right?

  10. 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?

  11. Re:The Right to Bear Arms by Skywings · · Score: 4, Funny

    Didn't know you could get bear arms. Thought bears were and endangered animal.

  12. T-shirts by Anonymous Coward · · Score: 3, Interesting

    I sense a business opportunity in a fashionable range of "Kip Hawley Is An Idiot" T-shirts...

    1. Re:T-shirts by lixee · · Score: 5, Informative

      Remember the guy who was denied access to the plane until he removes his T-shirt bearing "We will not be silenced" in both Arabic and English?http://in.today.reuters.com/news/NewsArtic le.aspx?type=worldNews&storyID=2006-08-30T071006Z_ 01_NOOTR_RTRJONC_0_India-265380-1.xml

      --
      Res publica non dominetur
  13. Who are these people? by PinkyDead · · Score: 3, Insightful

    I was thinking to myself while reading this travellers story - and I know from my own experience, these airport security people are much the same everywhere in the world - why do we tolerate security people like this.

    It's like Doctors - they are expected to be arrogant, aloof and possessing of a certain air of infallibility. But they're not infalable, we know that and they know that.

    Same thing with security people, customs, immigration etc etc. We expect them to be rude and aggressive - but in point of fact they have absolutely no right to be.

    When planes blow up etc - the individual security people aren't berated for this. The system maybe - but not the individuals. Also, their lives are not a risk - it is we who travel on the planes that are at risk - and if we can be light-hearted about it, why can't these idiots be? (Gotta love the guy with cocaine).

    I think it goes back to the same old thing - give a small man a little power and he will abuse it.

    I would like to say that a number of these people are actually very nice and endowed with a decent sense of humour. And you know what - they get the job done just as well.

    --
    Genesis 1:32 And God typed :wq!
    1. Re:Who are these people? by CmdrGravy · · Score: 3, Insightful

      I'm also very polite and friendly and quite often airport security staff return the compliment, in the UK, France, Holland, Ireland, Spain, Germany, Malaysia, Peru and Australia I have generally been treated well and with a smile by the security and customs/immigration people but in the US my experience has been that the security and immigration people are basically obnoxious and rude no matter how polite you are. I don't know why this is but it does put me off routing my flights through the US ( not to mention that every time I have flown through the US my luggage has been lost or put on the wrong flights ).

    2. 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.

  14. 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?

  15. where our rights end? by nurb432 · · Score: 3, Insightful

    I think you meant "when did our rights end".

    Here in the usa, what rights we had left pretty much ended on 9.11.01, when the government seized the opportunity to grab the rest of them after a tragic event.

    --
    ---- Booth was a patriot ----
  16. Re:Nothing new by $RANDOMLUSER · · Score: 3, Insightful

    Try insulting a cop's mother...

    This was hardly that personal. Hawley is the director of the TSA, and these were grunts at an airport. This was akin to telling the average private in Iraq that "Donald Rumsfeld is an idiot".

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  17. Comment removed by account_deleted · · Score: 3, Informative

    Comment removed based on user account deletion

  18. 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.
  19. 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?
  20. The harrass pilots as well by NiceBacon · · Score: 5, Interesting

    A lot of the members in my gliding club are airline pilots and i hear a lot of stories from them.

    The pilots have to pass through security just like the rest of us, and from what I hear they are getting increasingly fed up with the security screening staff. The general opinion is, that these are the same personality types that under different circumstances would become executioners.

    Some of the pilots fought back though. One guy I heard of, attempted to pass through the detector gate, carefully making sure to step over an imaginary 1 foot high obstruction.
    The screening crew apparently didn't have a sense of humor and made the pilot walk through the gate again, warning him to do it "normal" this time around.
    At first the pilot prcoeeded normally through the gate, but stopped in the middle of the gate, spinning around in a Michael Jackson-esqe manouvre and exited the gate walking backwards. The screening crew went ballistic and forced him through a third time before he was let through.

    Another pilot presented his ID card to the security screening crew, was let through and pocketed his card again, hurrying towards his assigned aircraft. He was running late.
    Airpot security guidelines clearly states that ID cards should be carried visible at all times and a female security offcial noticed that the pilot did not carry a visible ID-card, took offence and ran after him. The pilot made it all the way to the cockpit and was sitting down and preparing for the flight, when the security offical came bursting into the cockpit, throwing a hissy fit and telling the pilot off for not wearing the ID card visible. The pilots in the cockpit were running late and were getting increasingly annoyed by the security official, when they noticed that the official was not carrying an ID card herself.
    "So who are you?", they asked her, demanding to see her ID card. Fumbling around her pockets, she realised that she had left her own ID card behind, when running after the pilot.
    The pilots resolutely locked the cockpit security doors and radioed the airport advising them that an unknown person that could not identify herself was locked in the cockpit with them.
    The security official was then escorted off the plane by two armed police officers.

  21. 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!
  22. 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.

  23. The Real Problem by Steve+B · · Score: 5, Funny

    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

    He's lucky he didn't get arrested for revealing a state secret.

    --
    /. If the government wants us to respect the law, it should set a better example.
    1. Re:The Real Problem by Russ+Nelson · · Score: 3, Funny

      Make up some letters out of lead saying "Kip Hawley is an Idiot," Cover them with black epoxy. Put it in the bottom of your luggage so they'll be perpendicular to the X-ray. Enjoy.

      --
      Don't piss off The Angry Economist
  24. 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!
  25. Airport security or social engineering? by marcello_dl · · Score: 5, Interesting

    I might be paranoid but this seems all a big charade. After hijacking the planes for 9/11, we witnessed repeated attempts at blowing planes up, first the guy with explosive under the shoe, then the other guys who wanted to come onboard with liquid explosives. The problem is that Al qaeda should have hundreds of surface to air missile launchers left from Afghanistan campaign when they fought for USA aganst Soviet Russia (in soviet russia terrorists fight for YOU!). Those are made to hit military planes, a civilian plane during takeoff is a joke for them, I guess.
    Al quaeda seems not willing to embarass the US by using the arms they got from them, in the meantime western citizens are being trained to be questioned, searched, put in custody for merely losing patience. Here the 500-1500 stingers given to Bin Laden... all lost? If so, can't they buy anything second hand in Kosovo? Strange.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  26. 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

    --
    --
  27. 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
  28. You think it's bad now?! JUST WAIT. by aussersterne · · Score: 5, Informative

    I think few Americans right now realize that congress is working, yesterday and today, on passing (not just writing or introducing, but passing, it's already through the house and now up for vote in the senate) a bill that will end habeas corupus and legalize torture:

    http://news.google.com/news?q=torture+bill+senate+ habeas&hl=en&hs=GCv&lr=&safe=off&client=firefox&rl s=Swiftfox:en-US:unofficial&sa=X&oi=news&ct=title
    http://www.zmag.org/content/showarticle.cfm?Sectio nID=40&ItemID=11071
    http://www.upi.com/SecurityTerrorism/view.php?Stor yID=20060924-060744-4556r
    http://www.washingtonpost.com/wp-dyn/content/artic le/2006/09/26/AR2006092601475.html

    Habeas corpus is one of the oldest tenets of western civilization, predating the U.S. Constitution and even the Magna Carta, and it says, simply, that if someone is to be held in custody by the state, there must be a demonstrable reason for their imprisonment. It is the basis of "probable cause," "warrants" of arrest, and your right to a trail to establish your guilt or innocence.

    This bill not only legalizes torture acts against enemy combatants by the U.S. government, it also gives the president and the secretary of defense the authority to unilaterally decide who is an enemy combatant, without review, oversight, process, or documentation of any kind, and to act on that decision, without trial, documentation, or any means of appeal. The standard for being an enemy combatant is essentially that you don't "support" America in some way or another, not according to some objective standard of evidence, but again according to the personal impression of either the president or the secretary of defense. This includes American citizens.

    Once they decide you are an enemy combatant, you can be picked up, with no warrant or probable cause, no evidence, and no process other than "the feds said you don't support America." They no longer need evidence. Under this statute no right to trail or judicial review will exist (because you are now like those at Gitmo, rather than a citizen), and you can be tortured at will.

    This is what the senate is working on YESTERDAY AND TODAY. It's likely already too late to affect the outcome, but if you haven't yet it might be a good day to call your senator and say that you OPPOSE the bill that legalizes arbitrary indefinite detention at the whim of the president and the legalization of torture.

    --
    STOP . AMERICA . NOW
    1. Re:You think it's bad now?! JUST WAIT. by linuxci · · Score: 5, Interesting

      That is indeed worrying that they're continuing down this path. The right to free speech is important, but the right to a fair trial is even more so - why is so much money and time being spent on the trial of Saddam when there's a lot of possibily innocent people rotting away in a US naval base in Cuba (great way to show the Cubans that the US way is better than Castro!). Torture of course should never be used in a civilised society but I can imagine it's a lot more widespread than just the US and its allies.

      The US can never hold a moral highground anymore over anything. Land of the free? No you can't even walk through airport security without risking getting detained because they don't like what you're wearing or a slogan on your bag.

      Setting a good example to others? No way. Threats to nuke Iran if they continue their nuclear programme seem very hypocritical. Their actions in Iraq and Afghanistan were so badly organised the US probably killed more innocent citizens than the terrorists did in 11/09/2001 and 7/7/2005 combined.

      Also governments need to move religion out of politics, currently Bush loves bringing God into everything he can, this makes him as much of a religious extremist as the muslim extremists he's fighting.

      I'm fed up with the UK too, but perhaps when Blair quits his replacement may not be such a Bush puppet - but I doubt we'll be as lucky. The UK in recent history have always had the special relationship with the US.

    2. Re:You think it's bad now?! JUST WAIT. by linuxci · · Score: 4, Interesting

      In the end the poster may not be 100% factually correct but it's still exceedingly worrying that they're trying to pass laws that allow some forms of what almost anyone would describe as torture and of course not having access to a fair trial.

      There's a lot in the UK that don't seem to care what their allies in the US are doing (so I can imagine a lot of people in the US don't care either). They don't care because it's not directly affecting them. If that weird looking foreign guy that gets on the bus every morning with them suddenly disappears then they don't care what happens to him, it's all the price to pay for their safety. Once these laws start affecting more people then we may see more complaints.

      Yes I know the UK regularly has largish anti-war demonstrations but that's still a very small portion of the population. Most people over here seem to think Bush is an idiot and are glad Blair is standing down but most people here don't care enough to make a difference.

      I suspect it's the same in the US.

    3. Re:You think it's bad now?! JUST WAIT. by Mr.+Slippery · · Score: 3, Informative
      Habeas Corpus is not a protection against unreasonable restraint or seizure as the poster is claiming.

      Methinks you misinterpret the poster, who was pointing out the the idea behind habeas corpus - restraint on the state's power to lock people up - is the root of restraints on searches, etcetera, and if that root is destroyed, we can look forward to the branches and leaves of other rights we (used to) hold dear, dying quickly.

      [Habeas Corpus] is the tenet that requires physical evidence of the crime be presentable before a judge before charges can be brought and has nothing to do with what the poster is claiming.

      Not quite. From LectLaw.com:

      [Latin for] "you have the body"...A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. ...

      The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969).

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    4. Re:You think it's bad now?! JUST WAIT. by compro01 · · Score: 3, Insightful

      How convenient. Extremists don't seem to follow their respective books very much.

      i would think that their copies of the books seem to be missing some pages.

      --
      upon the advice of my lawyer, i have no sig at this time
    5. Re:You think it's bad now?! JUST WAIT. by dr_dank · · Score: 3, Insightful

      Threats to nuke Iran if they continue their nuclear programme seem very hypocritical.

      I don't blame Iran for pursuing nukes if the information on the matter isn't lie.

      A nuclear arsenal is the ticket to respect and an insurance policy against invasion ala Iraq. Look at North Korea; a wild-eyed dictator brags that he can hit Palo Alto with a nuclear missle. His country doesn't get invaded, he gets nuclear talks and diplomacy. Pakistan is a dictatorship set up after a military coup and said to be a hiding place for OBL. Since they have the bomb and play ball with the US, they're allies and can sit at the big kids table with the rest of the nuclear-armed nations.

      --
      Where does the school board find them and why do they keep sending them to ME?
    6. 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

    7. Re:You think it's bad now?! JUST WAIT. by drooling-dog · · Score: 4, Interesting

      It sounds stupid, but it's basically necessary because some people would define writing "I will not blow myself up in a public place" 100 times on a blackboard as torture if it met their political needs.

      Yes, I'm quite certain that it's nothing more than this, really.

      But did it ever occur to you that Bush et.al. and the GOP have "political needs", too? Everyone (except you, maybe) rightly decries the fact that Bush can now legally point to anyone he wants and make them disappear without a trace. In practice he won't have to do this much because the mere threat of it will be enough to coerce just about anybody to do what he wants. The more immediate importance of this bill, however, is that it makes him unaccountable to anybody, for anything he does. He'll be able to tell us that he's scoring victory after victory in the War on Terror, locking up scores of Bad Guys for the mainstream media, but we'll have no way of knowing whether he's catching real terrorists or just random hapless people off the streets of Kabul. He gets the same credit either way.

      The Bush and Cheney families - as well as others in the administration - have big-time business interests in the Middle East. With the powers that they will soon have, I can tell you that I wouldn't want to be a business rival of theirs in that part of the world!

      That is precisely why he can't tolerate judicial oversight, and why even conservatives hostile to the Bill of Rights should consider their positions carefully. You are being led down a path you'll regret taking some day.

    8. Re:You think it's bad now?! JUST WAIT. by Cerberus7 · · Score: 3, Insightful

      Good of you to bring that up. There's a big difference between saying everyone who isn't on your side is your enemy, and saying everyone who is not your enemy is your friend.

      --
      I don't know about you, but my servers run on the power of cotton candy and happy thoughts. -Anonymous Coward
  29. 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 Vitriol+Angst · · Score: 3, Insightful

      Lindsey Graham, Republican from South Carolina came out and spoke against this new power quite eloquently.

      Giving the "President the tools he needs for this war," are only necessary when they have no evidence. If the government has evidence, they can follow habeus corpus. When they have NO CASE AT ALL, they can "use the special tools" and you are in much worse shape.

      Notice the number of trials that we've seen? Must be a lot of need for "special tools to fight this war," going on.

      --
      >>"ad space available -- low rates!!!"
    3. 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)
    4. 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.

    5. Re:And? by Anonymous Coward · · Score: 4, Informative
      To quote the fucking government: (http://www.msnbc.msn.com/id/6631668/)

      "Could a "little old lady in Switzerland" who sent a check to an orphanage in Afghanistan be taken into custody if unbeknownst to her some of her donation was passed to al-Qaida terrorists? asked U.S. District Judge Joyce Hens Green.
      "She could," replied Deputy Associate Attorney General Brian Boyle. "Someone's intention is clearly not a factor that would disable detention." It would be up to a newly established military review panel to decide whether to believe her and release her."


      This has nothing to do with battlefields. This is the goverment appropriating the right to lock you up and torture you "because we said so", and you having no way to appeal.
  30. Meanwhile, in 'enlightened' Europe... by ballpoint · · Score: 4, Interesting
    ...it was decided today to restrict liquids in carry-on luggage to 100ml for intra-European flights, starting 1st November.

    That is the day from when I and others like me are effectively excluded from air travel.

    See, I have really bad eyesight, and wearing expensive contact lenses is the only practical remedy to my disability. As you may or may not know, proper maintenance and desinfection with specific hypoallergic products is critical. The sterile products I need come in 120ml and 300ml bottles, so I cannot take them with me any more. Transferring them to smaller bottles is a big no-no. I don't want any unsterile or mislabeled product in my eyes.

    Delayed flights, lost luggage... How the hell am I going to cope with them ? Ever tried to get to correct product in an airport, or in the middle of the night in an unfamiliar city ?

    If this is not addressed, my next flight in a few weeks may very well be the last.

    --
    Flourescent (adj): smelling like ground wheat.
  31. 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.

    --
    :(){ :|:& };:
  32. 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
  33. Liquid Explosive Fake by k2r · · Score: 3, Interesting

    > then the other guys who wanted to come onboard with liquid explosives

    Yes, the guys who didn't have passports and tickets yet and who haven't been charged with anything yet.
    Well, they planned to use some strange "liquid explosives", I personally have at least some knowlegde in chemistry and don't believe this.
    But let's hear what others say (taken from http://www.rawstory.com/news/2006/Sources_August_T error_Plot_Fiction_Underscoring_0918.html ) :
    ---
    "The idea that these people could sit in the plane toilet and simply mix together these normal household fluids to create a high explosive capable of blowing up the entire aircraft is untenable," said Lt. Col. Wylde, who was trained as an ammunition technical officer responsible for terrorist bomb disposal at the Royal Army Ordnance Corps in Sandhurst.
    ---

    However, science doesn't matter anymore and this story sounds very made up by Bliar's and Bush's regimes.

    And I might add - most of the TV-Specials on German TV were even less accurate on the chemistry of explosives as they usually are on IT related stuff.

    k2r

  34. Pick up the phone by Beryllium+Sphere(tm) · · Score: 3, Insightful

    Go to http://www.senate.gov./

    Use the "Find your Senator" box at the upper right. Sorry, Javascript required. If you already know who your Senators are you can skip this step.

    Dial the phone numbers given.

    Politely (the staff member is not to blame) and concisely (s/he is busy) explain your values about trials and torture.

  35. Unfortunately, not the case. :-( by aussersterne · · Score: 3, Insightful

    There was an amendment to the bill from the Democrats that would have resotred to the House version of the bill the removed protections. It's the amendment that was killed. :-(

    Basically, some of the Senate said "Woah, that house version goes too far!" and they tried to tone it down. But once it got out of committee, the Senate as a whole smashed it and has gone on to procedure regarding the full-strength House version of the bill.

    You can read both at senate.gov (see the right-hand column).

    As I quoted to another poster, this is the most important bit:

    "SEC. 6. HABEAS CORPUS MATTERS.

                (a) In General- Section 2241 of title 28, United States Code, is amended--

                            (1) by striking subsection (e) (as added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742)) and by striking subsection (e) (as added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477)); and

                            (2) by adding at the end the following new subsection:

                `(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who--

                            `(A) is currently in United States custody; and

                            `(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

                `(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien detained by the United States who--

                            `(A) is currently in United States custody; and

                            `(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

                (b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001."


    You'll notice that the bill claims to apply to aliens. But once you're picked up as an alien, no court has jurisdiction to review your status. So if they come by your house to pick you as a citizen up, there is no way for you to say "No way, dude, I'm a citizen!" because the moment you're picked up, the courts lose jurisdiction.

    If they decide you're an alien, not a citizen, that's it under the law. And who is they? At the top of the bill it spells out clearly: the Secretary of Defense or anyone he designates. So, basically: party members.

    --
    STOP . AMERICA . NOW
  36. TSA people are lower-range intelligent people by erroneus · · Score: 3, Interesting

    At least their training would have them act that way. Trust me on this, I've been there and the vast majority of the people are pretty thoughtless in most ways. But what's more, the training and standing orders are pretty brain-dead as well. They are to be looking for "anything unusual." I'd say this guy's stunt was pretty unusual. Constitutional law is NOT a part of their training. If it were, they'd be seriously disturbed by what their job calls for them to do.

    But you can be sure that when someone in the TSA doesn't know quite what to do, they'll most likely screw it up just like this guy did. One thing about the story that surprises me is that the policeman didn't just send the joker on his way. The police ARE trained in law and should have recognized the risk involved. I have serious doubts as to the accuracy of the original story.