13 November 2010

TSA encounter at SAN

[These events took place roughly between 5:30 and 6:30 AM, November 13th in Terminal 2 of the San Diego International Airport. I'm writing this approximately 2 1/2 hours after the events transpired, and they are correct to the best of my recollection. I will admit to being particularly fuzzy on the exact order of events when dealing with the agents after getting my ticket refunded; however, all of the events described did occur.

I had my phone recording audio and video of much of these events. It can be viewed below.

Please spread this story as far and wide as possible. I will make no claims to copyright or otherwise.]

This morning, I tried to fly out of San Diego International Airport but was refused by the TSA. I had been somewhat prepared for this eventuality. I have been reading about the millimeter wave and backscatter x-ray machines and the possible harm to health as well as the vivid pictures they create of people's naked bodies. Not wanting to go through them, I had done my  research on the TSA's website prior to traveling to see if SAN had them. From all indications, they did not. When I arrived at the security line, I found that the TSA's website was out of date. SAN does in fact utilize backscatter x-ray machines.

I made my way through the line toward the first line of "defense": the TSA ID checker. This agent looked over my boarding pass, looked over my ID, looked at me and then back at my ID. After that, he waved me through. SAN is still operating metal detectors, so I walked over to one of the lines for them. After removing my shoes and making my way toward the metal detector, the person in front of me in line was pulled out to go through the backscatter machine. After asking what it was and being told, he opted out. This left the machine free, and before I could go through the metal detector, I was pulled out of line to go through the backscatter machine. When asked, I half-chuckled and said, "I don't think so." At this point, I was informed that I would be subject to a pat down, and I waited for another agent.

A male agent (it was a female who had directed me to the backscatter machine in the first place), came and waited for me to get my bags and then directed me over to the far corner of the area for screening. After setting my things on a table, he turned to me and began to explain that he was going to do a "standard" pat down. (I thought to myself, "great, not one of those gropings like I've been reading about".) After he described, the pat down, I realized that he intended to touch my groin. After he finished his description but before he started the pat down, I looked him straight in the eye and said, "if you touch my junk, I'll have you arrested." He, a bit taken aback, informed me that he would have to involve his supervisor because of my comment.

We both stood there for no more than probably two minutes before a female TSA agent (apparently, the supervisor) arrived. She described to me that because I had opted out of the backscatter screening, I would now be patted down, and that involved running hands up the inside of my legs until they felt my groin. I stated that I would not allow myself to be subject to a molestation as a condition of getting on my flight. The supervisor informed me that it was a standard administrative security check and that they were authorized to do it. I repeated that I felt what they were doing was a sexual assault, and that if they were anyone but the government, the act would be illegal. I believe that I was then informed that if I did not submit to the inspection, I would not be getting on my flight. I again stated that I thought the search was illegal. I told her that I would be willing to submit to a walk through the metal detector as over 80% of the rest of the people were doing, but I would not be groped. The supervisor, then offered to go get her supervisor.

I took a seat in a tiny metal chair next to the table with my belongings and waited. While waiting, I asked the original agent (who was supposed to do the pat down) if he had many people opt out to which he replied, none (or almost none, I don't remember exactly). He said that I gave up a lot of rights when I bought my ticket. I replied that the government took them away after September 11th. There was silence until the next supervisor arrived. A few minutes later, the female agent/supervisor arrived with a man in a suit (not a uniform). He gave me a business card identifying him as David Silva, Transportation Security Manager, San Diego International Airport. At this point, more TSA agents as well as what I assume was a local police officer arrived on the scene and surrounded the area where I was being detained. The female supervisor explained the situation to Mr. Silva. After some quick back and forth (that I didn't understand/hear), I could overhear Mr. Silva say something to the effect of, "then escort him from the airport." I again offered to submit to the metal detector, and my father-in-law, who was near by also tried to plead for some reasonableness on the TSA's part.

The female supervisor took my ID at this point and began taking some kind of report with which I cooperated. Once she had finished, I asked if I could put my shoes back on. I was allowed to put my shoes back on and gather my belongs. I asked, "are we done here" (it was clear at this point that I was going to be escorted out), and the local police officer said, "follow me". I followed him around the side of the screening area and back out to the ticketing area. I said apologized to him for the hassle, to which he replied that it was not a problem.

I made my way over to the American Airlines counter, explained the situation, and asked if my ticket could be refunded. The woman behind the counter furiously typed away for about 30 seconds before letting me know that she would need a supervisor. She went to the other end of the counter. When she returned, she informed me that the ticket was non-refundable, but that she was still trying to find a supervisor. After a few more minutes, she was able to refund my ticket. I told her that I had previously had a bad experience with American Airlines and had sworn never to fly with them again (I rationalized this trip since my father-in-law had paid for the ticket), but that after her helpfulness, I would once again be willing to use their carrier again.

At this point, I thought it was all over. I began to make my way to the stairs to exit the airport, when I was approached by another man in slacks and a sport coat. He was accompanied by the officer that had escorted me to the ticketing area and Mr. Silva. He informed me that I could not leave the airport. He said that once I start the screening in the secure area, I could not leave until it was completed. Having left the area, he stated, I would be subject to a civil suit and a $10,000 fine. I asked him if he was also going to fine the 6 TSA agents and the local police officer who escorted me from the secure area. After all, I did exactly what I was told. He said that they didn't know the rules, and that he would deal with them later. They would not be subject to civil penalties. I then pointed to Mr. Silva and asked if he would be subject to any penalties. He is the agents' supervisor, and he directed them to escort me out. The man informed me that Mr. Silva was new and he would not be subject to penalties, either. He again asserted the necessity that I return to the screening area. When I asked why, he explained that I may have an incendiary device and whether or not that was true needed to be determined. I told him that I would submit to a walk through the metal detector, but that was it; I would not be groped. He told me that their procedures are on their website, and therefore, I was fully informed before I entered the airport; I had implicitly agreed to whatever screening they deemed appropriate. I told him that San Diego was not listed on the TSA's website as an airport using Advanced Imaging Technology, and I believed that I would only be subject to the metal detector. He replied that he was not a webmaster, and I asked then why he was referring me to the TSA's website if he didn't know anything about it. I again refused to re-enter the screening area.

The man asked me to stay put while he walked off to confer with the officer and Mr. Silva. They went about 20 feet away and began talking amongst themselves while I waited. I couldn't over hear anything, but I got the impression that the police officer was recounting his version of the events that had transpired in the screening area (my initial refusal to be patted down). After a few minutes, I asked loudly across the distance if I was free to leave. The man dismissively held up a finger and said, "hold on". I waited. After another minute or so, he returned and asked for my name. I asked why he needed it, and reminded him that the female supervisor/agent had already taken a report. He said that he was trying to be friendly and help me out. I asked to what end. He reminded me that I could be sued civilly and face a $10,000 fine and that my cooperation could help mitigate the penalties I was facing. I replied that he already had my information in the report that was taken and I asked if I was free to leave. I reminded him that he was now illegally detaining me and that I would not be subject to screening as a condition of leaving the airport. He told me that he was only trying to help (I should note that his demeanor never suggested that he was trying to help. I was clearly being interrogated.), and that no one was forcing me to stay. I asked if tried to leave if he would have the officer arrest me. He again said that no one was forcing me to stay. I looked him in the eye, and said, "then I'm leaving". He replied, "then we'll bring a civil suit against you", to which I said, "you bring that suit" and walked out of the airport.

This video starts with my bag and belongings going through the x-ray machine.They're kind of long, and they don't show much, but the audio is really good.


I was in the middle of telling someone that if I was going to be felt up, I wanted it done in public so that everyone could see what it is that the TSA does. Here is the rest of that video.


After I was escorted out to the ticketing area, I went to have my ticket refunded. I didn't have the opportunity or the presence of mind to turn the camera back on until everyone walked away from me.


Related articles:

More about my TSA encounter at SAN
Motivation of my filming of my TSA encounter
What will I say?

5,008 comments:

  1. Rosa Parks would be proud. The time has come for all good men and women to come to the aid of the party of individual liberty. I am proud of you. When and if I ever am forced to subject myself to this tyranny of bureaucratic klepto- sociopaths I am going to dress in little more than a speedo and thongs.

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  2. *clap, clap* Well done! Please keep us updated as to the results of the civil suit forthcoming (if it comes at all).

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  3. Good for you. Can't wait to see the video. If everyone followed your example, the TSA would be forced to stop this illegal, immoral, unconstitutional behavior. We need to start a database of TSA agent names for use in the latter-day Nuremberg trials.

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  4. I've posted your link in various places - GOS, Twitter, FB, and my Wave group. Doing my part to get your story out! I can't believe what you went through.

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  5. Envisioning this has confirmed my conviction to not fly until this is dealt with.
    I refuse to go through the nude scanner and will not be treated like a prisoner before going to jail, in the false hope of safety.

    And what sucks is people at the airport are already caught by the short hairs. They are in a hurry, already paid for a ticket, so are afraid to speak up....I know I would be. When I fly, it is not on a whim and I cannot risk missing my flight.

    TSA is counting on this.

    And no, I never gave up my right to a refuse a stranger touching my genitals when I decided to fly to visit friends.

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  6. I'm proud of your civil 'disobediance' and standing up for your rights. Another case of small people empowered beyond reason and abusing said power, especially since they don't know all the rules and proper procedures. Suggestion to the TSA: hire the Israelis to consult and train your personnel. Admit that some countries are just better at some things than we are. There is a standard of common sense to be applied. I didn't even have this much trouble flying out of the old USSR.

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  7. I love how, in the video, anytime the guy is asked a challenging question he begins to stutter and has trouble putting a sentence together! Bravo sir, you are among my heroes.

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  8. Boycott Flying! Please join us: http://www.facebook.com/pages/Boycott-Flying/126801010710392

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  9. Well done! I'm amused by how these troglodytes had to exert themselves, mentally, when faced with your resistance.

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  10. WOW!

    Civil Disobedience Rocks!!

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  11. Bless you for standing up to this bullshit.

    http://flywithdignity.org

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  12. Seems like if you are a terrorist willing to die blowing up a plane, a fine and threat of a civil suit won't be much of a threat to you. So wonder why they have those penalties.... hmmm.

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  13. Thank you Sir for doing what almost all of us want to express to the tsa!
    Your effort is greatly appreciated.
    They cannot file a suit against you!
    That was bravado on their part!

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  14. True patriotism. I appreciate your efforts; we have to make the effort to stop this disease now before it spreads to other aspects of our lives. It won't be pretty when we have to be ogled or groped while going to the DMV to get a drivers license, going to court to pay a ticket, coming back from a weekend trip to Tijuana, or whatever else...

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  15. Thank you so much. You won't be fined nor have a civil suit filed against you. That was nothing more than intimidation on the part of the TSA.

    Pure bluster from the man in the sports coat. The crap about the TSM being "new" is just that, crap. If this person has risen to that level in the TSA, he knows the rules full well and knows that he could not force you to submit to a grope. That would be detention and the cannot detain you.

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  17. I found the link to your story at lewrockwell.com. It's obvious from your voice that you were under a great deal of stress, as I imagine I would be too. Nonetheless, I - we - appreciate your being brave, standing tough, and sharing your experience with the rest of us. I hope many, many more of us are courageous enough to follow your example.

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  18. Bravo sir!

    Let them sue, in fact I sincerely hope they do sue....You should have no trouble raising money via the web to support your defense and their entire porn/molestation machine will come crashing down.

    F you Big Sis.

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  19. Did I at one point hear someone saying the only one that was going to get satisfaction out of this was you?

    HA HA HA HA!!!! You, dear sir, are my hero of the day!

    And if they "bring a case" against you I will be happy to donate some dollars to defray costs.

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  20. Sure TSA mgmt has been debating when they will try to cross the line; your actions will be the next topic.
    Congrats; I changed my airport to Carlsbad to avoid the hassle.

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  21. There is no way these chicken shit bastards will sue...

    One cranky judge could shut them down for good.

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  22. EPIC (Electronic Privacy Information Center) has a pending suit regarding the body scanners:

    http://epic.org/bodyscanner/incident_report/

    The ACLU is also collecting information reports

    https://secure.aclu.org/site/SPageServer?pagename=watchlist_survey&JServSessionIdr011=5itmt3qbe1.app26a

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  23. I wish you would have asked for the man's ID who was going to bring suit as he was blowing smoke big time!

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  24. This is why I refused to fly my daughter to Ga and drove her instead, because of these goons.

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  25. Based upon this and similar videos, I wager it will not be long before it becomes illegal to video or audiotape anywhere near a TSA security screening area or to post any such videos. All in the name of "National Security", of course!

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  26. "He said that I gave up a lot of rights when I bought my ticket. I replied that the government took them away after September 11th."

    Thank you so much for speaking for so many of us.

    Thank you for giving us a great example of what to do when confronted with TSA trampling of our Constitution.

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  27. Bravo! I bet they don't bother with the lawsuit. If they do, set up a fund and I'll contribute to your defense.

    This isn't about our safety. This is about getting us used to complete invasion of our privacy and lives.

    If we don't stop this, what do you suppose they'll do next?

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  28. THANK YOU

    The TSA is out of control and we need to reign them in. You now have a "choice" of being photographed naked or molested if you want to fly. It's absurd.

    I can only bet members of Congress don't fly commercially with their families.

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  29. Buddy, you are a hero! You have hopefully started a trend. The US Government are the REAL terrorists! If they sue you, you WILL win

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  30. Praise God for your courage and willingness to take a stand. Thank you.
    And I'm impressed that American refunded you.

    - Sarah

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  31. Well done John! Thank you.

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  32. If this actually comes to a suit please make it known on Reddit. The community is up in arms about the TSAs conduct of late. Between the two odd million of us we have a lot of experience, contacts, and pocket change we occasionally throw towards worthy causes. We'll be happy to help you in any way we can.

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  33. Good job my friend, good job!

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  34. It's not like they cup your balls and wiggle your dick around in their fingers. Calling it molestation is retarded. Some lady had her boob squeezed and now everyone is throwing a fit about this.

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  35. All process employed by government is commercial . . . there is a provision for remedy in the Uniform Commercial Code at page 1 section 308 aka UCC 1-308 for your reservation of rights which is to the exclusion of "Civil" process FRCP Federal Rules of Civil Procedure which is another term for Admiralty and mercantile law. This reservation demands an Article III Section 2 recognition of "Due Process". . . not the diminished privelege of "Procedural Due Process" arising under the Administrative Procedures Act." A duly crafted Affidavit asserting this right under these circumstances and presented to TSA at the point of boarding . . . should become be most interesting

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  36. Good job! I hope more people are inspired by your story and do exactly the same thing. We need to put a quick and decisive end to the TSA's disregard for traveler's rights and dignity. The nude-o-scope and feel-ups do exactly nothing to enhance security, and everything to accomplish the terrorists' mission: Many of us are now afraid to fly. Not because of terrorists, but because of our own government.

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  37. Bravo! Thank you so very much for the sacrifice you made and thank your family for supporting your decision not to fly that day. I may very well have to make the same choice on a $25k vacay scheduled next month... I sure hope my hubby would be so supportive. ;o)

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  38. Totally support your actions. The people that I scorn are the sheep that allow this to happen without protest. You will not be subjected to any legal action, particularly a civil suit. That was clear intimidation and I would suggest having an attorney look at it. If this happens to anyone in the future, simply start saying that you are not a Muslim and therefore there is no reason to suspect you of doing anything illegal.

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  39. Where did you find the info on whether or not SAN had body scanners on the TSA website? Might be helpful to have a screen shot of that if they haven't changed it yet.

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  40. THANK YOU!! if everyone did this they would have no choice but to stop molesting innocent people. If I ever fly I am going to opt out of the porno-scanner and if they try to grope me I WILL REFUSE as well.

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  41. Don't wait for them, file your own criminal complaint against everyone involved in this fracas, including the whole chain of command up to the president. The charge is conspiracy to deprive you of your civil rights under color of authority, and it carries a penalty of a decade in federal prison. If your local prosecutor won't enter the charges, go to the press and demand that he do his duty.

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  42. If you had stayed in the screening area when the TSA was trying to shoo you out they would have arrested you and probably beaten you up to teach you a lesson. You follow their instructions and you're subject to a civil suit. But at least we know we're free.

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  43. You are a fucking hero.

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  44. Great job, sir. I hate that you couldn't fly, but your stand (and record of it) will be another piece of ammunition against these goons. The TSA/DHS need to be neutered- they do nothing to increase safety, but do condition us to accept the gradual erosion of our rights by an overbearing government. Bravo!

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  45. You should take this to the ACLU. It's one thing for TSA to figure out how to deal with your refusal to submit to enhanced pat-down. But this is the second time I've seen where the individual faces additional detention when trying to leave the airport. That's unlawful arrest

    And I agree. The "advanced imaging technology" or enhanced pat down both equate to unreasonable search under the Fourth Amendment. Thanks for taking a stand.

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  46. Hoping your next flight blows up, idiot.

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  47. give me a break. times have changed, security is a bitch, deal with it. TSA has better things to do that look at your "nude" screening image or play with your tiny dick. just shut up and do what you gotta do to get through the line. id be pissed if i was your father in law who paid for the ticket and then your smart ass know it all bullshit got you escorted out of the airport, and now he will probably have to deal with the legal consequences of you being a brat. boarding an airplane is a privilege , not a right, your not standing up for anything important, youre just being a douche

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  48. Here is the T-shirt I'll be wearing when the TSA tries to molest me: http://www.cafepress.com/PithyQuotes

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  49. Bra-freekin'-vo!!!

    I love how the comments against you are the most intelligent. (sarcasm intended!)

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  50. I love that the people who are leaving insults aren't brave enough to leave their names. I'm not terribly surprised at the cowardice, I just find it to be a shame. I also think it's rather pathetic that the poster above feels the need to degenerate into such childish insults. Frankly, it really diminishes any point s/he may have been trying to make.

    John, you know you and I don't usually agree on many issues, but I can't commend your actions this morning enough.

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  51. Thanks very much for standing up to these goons.

    We've probably already lost, but maybe some of the security state can be rolled back a little. If it can't be rolled back, at least people should know where they stand.

    Remember, it's not just denial of dignity, it's right to earn a living, right to own property, right to assemble, right to travel.

    Many of these rights have already been eroded beyond recognition.

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  52. Brilliant! Well done, sir. Thank you for striking a blow for liberty.

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  53. You are the man. I've told innumerable people that this is an unacceptable intrusion on our rights for no gain whatsoever, and that by acceding to these unlawful searches they are undermining my rights. So it's not just a matter of our fellow citizens feeling it's ok to do to them, it's a matter of them throwing away *my* rights, which is very personal to me and I find entirely selfish and reprehensible.

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  54. You are a true American hero! Thank you!

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  55. Any society that would give up a little liberty to gain a little security will deserve neither and lose both -- Benjamin Franklin

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  56. I HATE these faggots that say this or that is a "privilege" WHAT!!!! EVERYTHING is a right, as long as what you are doing is not illegal! Duh!!! There is no such things as a government "privilege". We are supposed to be free to move about and conduct ourselves WITHOUT the threat of being searched or impeded in any way. The fact that there are security procedures is fine, but the argument here is whether it is reasonable or unreasonable. I think rubbing the hands on your balls is definitely unreasonable. I also think that taking naked pictures of people (and their kids) is incredible illegal. Plus, this is all total BS anyway! These terrorists can easily shove a sack of whatever inside their anus! That will NOT show up. A highly motivated individual can easily defeat these procedures. You stupid sheep are giving away your human dignity and your privacy for some total BS sense of security. Think about this! We can't pour water on some bastard terrorists face or deface his religious sensibilities, but a TSA goon can rub his hand on my daughter's (or my) genitals. WHAT THE F!!!! Come on America!!!! We are better than this! Stop being such pussies and man up! Stop being scared!!! You are letting these dumb-ass terrorists win. Just be vigilant and beat them to death if they try anything. That is the best deterrent - getting literally beat to death by passengers on an airplane when you try something.

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  57. Bravo for standing up to these thugs!

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  58. Good for you, well done standing up to the creeping erosion of rights.

    Good to know that their are some sane and courageous Americans in your country still.

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  59. To quote a worn out Sean Hannity sound bite (typically reserved for statists NOT great Americans);
    YOU ARE A GREAT AMERICAN SIR!
    Please keep us posted on further activity concerning this matter.
    I am a 49 year old US Military and war Veteran and I Salute You!

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  60. Bravo good sir!. I barely have money but if you are hit with said suit I will do what I can to help. Even if its a buck.

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  61. An heroic deed! Good for you. The man threatened you. It is worrying you. It is harming your sleep and well-being. Such threats are against law. Bring a civil suit against that man. You have a tort action here.

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  62. I'm betting that the people who are insulting you and saying that it was wrong of you to stand up for your rights are Teabaggers who insist that they're for small government and upholding the Constitution.

    I guess they've never actually read the thing.

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  63. @Anonymous 2:26 pm: Oh, look, the sheep have arrived to bleat their uninformed opinions. Great. Let me ask you this: You aren't doing anything illegal in your home, right? So you won't mind if I come to your home, search it and frisk you? You know, for safety?

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  64. Forgive my ignorance, but it seems pretty excessive to face arrest and a possible fine to avoid having your junk touched for a fraction of a second.

    Now, I don't subscribe to what the TSA does. It's proven to be ineffective and there have been many cases of abuse.

    But, the fact is, you missed your flight, faced arrest, and may be facing a fine. Is it worth it?

    Seems to me that you tried to pick the fight with TSA, and they recognized this and fought back.

    Just my two cents.

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  65. Well done! You were very calm and collected in your approach and made a clear and valid point that most all U.S. Traveler’s would applaud.

    I am glad to see that I am not alone in recognizing these new policies held by TSA as being wrong and far too intrusive. As with any fight - It just takes one voice to start a movement… I hope that voice is someone with as much passion and understanding as you. With the help of current day technology; I believe there is a quiet voice that is starting to speak up more and more with each passing day.

    FACT: On October 29th, 2010 TSA passed a new intrusive security measure nationwide which has tremendously changed air travel for my husband and I. Pat-downs were normally given at random or to passengers who set off an alarm. Before the new measures; TSA officials were restricted as to how and where someone can be touched. But NOW; these new guidelines now give them access to body parts that were once off limits before. They are clearly willing to sacrifices customer service by physically abusing their clients to identify the criminal 1% of US travelers. Please tell me - Where is the logic in that?

    Brandy (San Jose)

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  66. Wow, awesome man, good job standing up for what you think is right. there's no reason for this assault by our own government. Something is becoming increasingly worrisome about this world we are living in anymore..

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  67. You sir are to be commended...

    You have also provided a good example of how to handle yourself in these situations...


    BRAVO...

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  68. There is no way in Hades that I would let some stranger feel me up either! My father didn't spend 20 years in the Marines for me to just give up the freedoms that he fought for!

    I hope that you keep everyone informed as to what happens. I don't think it would be in the airlines best interest to pursue a civil suit against you.

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  69. I just saw a funny (but possibly useful) suggestion. For us guys, why not wear an athletic cup? Are they going to really take the time to figure out if that hard thing they just hit is your cock or a piece of plastic. Could be kind of fun!

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  70. Thank you so much for doing this. Good job keeping your cool and staying far more level headed and respectful than the TSA employees,from Napolitano all they way down to the agents at SAN.

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  71. AWESOME JOB, my friend. I don't think I could have remained anywhere near as polite as you were. Implicitly waived your rights, my ass!

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  72. Just curious how did they not find the video camera?

    I applaud you for standing up for your rights.

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  73. It's so sad, the bad guys have won and continue to win while innocent travelers are threatened and assaulted on a daily basis

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  74. Thank you for your report. I urge everyone to do exactly what this brave soul has done. TSA can't fight us all. Imagine if every person who was asked to go through the Back Scatter had refused the subsequent pat-down. TSA wouldn't have been able to do their job and would have had to back down.

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  75. Thank you, thank you, thank you.

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  76. They are absolutely correct that you agreed to certain terms when purchasing your ticket. But hey, why should you be bound to a contract you agreed to?

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  77. Anonymous 3:22: it probably seemed excessive for Rosa Parks to risk arrest over a bus seat.

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  78. Did anyone here, who are supporting the author's actions and criticizing the TSA employees for doing their jobs, lose a friend or family member on 9/11? Do any of you know anyone who did? Somehow I doubt it. Some here are talking about your rights - since when do you have a right to avoid rules that apply to everyone else, and are for the safety of passengers? Do you sue your doctor for sexual assault when he checks your prostate or testicles? I doubt it. Good job manufacturing outrage over NOTHING.

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  79. Anonymous @ November 13, 2010 3:22 PM:

    I wonder if anyone asked Rosa Parks that... and I bet I know what her answer would have been.

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  80. Way to go! Too bad you didn't just say "Bring it" (instead of "you bring that suit"). Still cool though. You could probably countersue for something if they make good on their threats.

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  81. @Paul: not only did I know some folks, I also worked at the Pentagon. The TSA is doing stuff that would be considered sexual assault in any other context. Feeling people up isn't making us any more secure. I'm not afraid of terrorists. I am afraid of some high school dropout grabbing my junk.

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  82. @Paul
    No, didn't know anyone that died in 9/11. People die every day. So what? We have the right to disobey/disregard any and all "rules" enacted by unelected "officials" when they contravene natural human rights. See history of colonial America for examples.

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  83. From page 11 of http://www.tsa.gov/assets/pdf/022508_911_tsaenforceofregs.pdf --

    New subsection 114(v) of title 49 U.S. Code authorizes the Secretary of the Department of Homeland Security (DHS) to impose civil penalties of up to $10,000 per violation of any surface transportation requirement under title 49 of the U.S. Code or any requirement related to transportation worker identification credentials under 46 U.S.C. chapter 701. TSA exercises this function under delegated authority from the Secretary.

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  84. What exactly was the point of having your cell camera on from the get go? Seems like you were prepared to record your 'disobedience' in order to make a show later. You blast the poor guy trying to do his job, imagine how he feels, he's the one that has to grope your balls. I agree that it sucks you have to go through all this just to fly, but I'm fairly skeptical of the fact you weren't aware of these procedures prior to getting there.

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  85. I fly within Europe almost every week. Always very professional straightforward security procedures. That's all it takes--none of the intimidation or games that I hear about in the USA.

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  86. Bravo for having the courage & wherewithal to stand up against rules that were made in a moment of fear that *permanently* erode our civil liberties.

    Apologies for trotting it out but it's just so perfect: "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."

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  87. I feel like you went into the airport looking to stir the pot.

    Your tone with the TSA officers seems to be pretty aggressive.

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  88. you're a self-entitled stupid cunt and they should have kicked your teeth you. fucking retard.

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  89. thank you for standing up for our rights.

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  90. Let the San Diego media know about this. Tourist dollars are going to drop if this kind of behavior continues. TSA is out of control and out of their minds.

    Time for the ACLU to represent you if they file their suit.

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  91. Very nice! Glad that the very freedoms that my husband fights for are also being fought for on the homefront. You're an American Soldier in my heart.

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  92. @Paul:
    Our rights are God-given, and the framers of the Constitution wrote the Bill of Rights not for normal, peaceful times (if ever there were such times) but exactly for the times when the government would seem to have every justification for trampling those rights. The government's job is to protect our liberty, not our safety. And everyone has a God-given right to not be molested or strip-searched. The right to keep other peoples' hands off our bodies seems to be about the most fundamental right that can exist. If not, then we have no rights.

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  93. I have to give you kudos for handling in such very reasonable, calm, and polite manner, in what had to be a very stressful situation.

    Nothing is helped by acting like an ass; you couldn't have been more polite and friendly.

    Sir, you deserve a medal for that kind of behavior; I wish everyone acted like you.

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  94. It makes me sad for our country that people like Paul are so terrified of bogeymen that they're okay with this broad expansion of government power.

    Sorry Paul, the validity of contracts is superseded by the Constitution in this case. The TSA is a government actor, and they're prohibited from unreasonable searches and seizures by the Fourth Amendment.

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  95. "Then we'll bring a civil suit against you." Rrrriiiight. What a clown.

    Bravo to you sir for sticking up for yourself. Peace.

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  96. Sorry had to post as anonymous since none of the above applied!

    I have experienced the "enhanced" pat down 1st hand and can tell you & all the "get over it" posters that it is a completely humiliating and invasive experience. No law abiding US Citizen should be subjected to such treatment.

    I wish I could be as brave as you, regrettably my work involves traveling extensively & since I need to pay bills & feed kids I have to subject myself to this treatment. However, I have registered my complaints with the both the TSA & airline. I'm not holding out much hope for the TSA but if enough of us high-milers complain to our airlines something might actually change.

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  97. @ Adam B - I truly wonder what the take of the courts would be if a case involving this issue were to go to court. It does seem like the 4th amendment should apply, and John does make the point in one of his videos that the search wouldn't stand anywhere else without the presence of reasonable suspicion.

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  98. Lorenzo de MagnificoNovember 13, 2010 at 4:12 PM

    Thank you for standing up for your rights and for the rights of all Americans. You're doing the right thing! I'd be willing to offer financial support for your lawyers if a lawsuit came of this.

    Remember everyone. Opt-out.

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  99. I applaud you and thank you for not only defending your civil liberties, but for defending mine.

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  100. It's all theater. They're not really doing anything to make our flights safer.

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  101. I'm Canadian. I travel. I do my best to avoid having to go through USA when it's not my destination.
    This is sick.
    And I warn you. It is not going to improve, unless you work really hard.
    Good luck with your country.
    If you don't fight back, you will soon be in a prison you have built yourself.

    PS I still love your country. At least the way it was 10 years ago.
    AT

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  102. So no one here has ever been patted down going into a concert or event of some sort? It's not a big deal, they graze your junk for 0.1 seconds and you keep moving. Thats just to get into a Metallica concert. In the words of Arnold, "STOP WHINING!!"
    @Anonymous 3:22 pm: what about bleating sheeps? re-read the comments and tell me who sounds like bleating sheep. I've never seen so many people say BRAVO in my life.

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  103. Both parties are wrong.

    Next.

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  104. If you get fined, let us know where we can send donations to support your case.

    As for the Anonymous Coward above, ignore him. He's a spineless moron who will succumb to any body cavity searches they ask him to, and allow his rights to be taken without fight.

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  105. Well Done Sir.. You own that airport because you own the government. They work for you, not the other way around. A police officer DOES NEED Probable Cause to do this to an individual. ACLU where the hell are you? Keep us posted John!

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  106. In this comment thread: a bunch of real Americans who understand that liberty is more important than false security, and a few pussies who wet their pants over the big bad scary terrorists they think are hiding under every rock. Don't be a pussy. Be a patriot.

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  107. I just want you to know that you're a fucking moron. You knew damn well what was required to get on the flight and decided to be a jackass. I hope they bring on the suit and you lose everything you own.

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  108. What is with the "they were just doing there job" stuff?

    The shitty "Superior Orders"-defense is weak and for cowards, you always have a choice.

    This is just the start anyway, you think they will end this at airports? Think again America.

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  109. BTW.. the only one that seemed to have any sense was obviously trying to distance himself from those morons in the video.. the only professional with real law enforcement and constitutional law training.. the police officer!

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  110. You sir are a hero in my book. If we don't stand up to this, all of our rights will gradually be lost and we'll find ourselves living in a facist state in 50 years.

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  111. The courts haven't been kind to those who refuse to be searched once entering the line: http://www.wired.com/threatlevel/2007/08/court-says-trav/

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  112. Thanks for this! Hopefully it inspires others to do the same and soon!

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  113. Dear Jordan "Pussbag" M, I've been to Metallica concerts and nobody ever grabbed my junk. If they did I would have placed them under citizen's arrest, same as I'll do if the TSA tries it.

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  114. Anonymous @4:20 (right on time): Man, you'll fit *so well* in the government upcoming "Two minutes of hate" events. They're really fun, you'll see.

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  115. What happens when the terrorists start putting bombs in their assholes. Anal cavity screenings?

    The irrational fear over terrorism is getting ridiculous.

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  116. Good for you..I hope many more will be willing to step up like this

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  117. join fellow freedom lovers at ronpaulforums and lewrockwell

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  118. Anyone who objects to the way TSA performs its screenings should contact the Government Relations offices of the major airlines (i.e. their lobbyists) and inform them that you won't be flying until the policies change.

    If enough of us do this, I guarantee that the airlines will lobby to get the policies changed, and they will succeed.

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  119. Thank you for allowing yourself to be put through this wringer for freedom's sake. I know how unpleasant "they" make the consequences when a patriot stands up for his/her rights. I salute you for your courage and for your taking this burden onto yourself.

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  120. i'm a flight attendant, and i find that the tsa is nothing but rent a cops who think they can do anything they want. i seem to "set off the alarm" and have to get felt up... always by the same old lady who seems to get her jollies from it. it's ridiculous. it's disgusting. i hate the tsa. or as we call them, "thousands standing around". good for you. they have no business touching your junk.

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  121. Listen I'm all for centre-left activism, but can we pick our fights please? Airport security is a really tough problem to tackle, as has been demonstrated by the successful smuggling of explosives on to several flights in recent years. Lets look at the price we citizens have to pay to reduce that risk: The full body scanner shows a grainy, colourless and amorphous image of what's going on under your clothes, not a playboy centerfold. The attendant watching the screen has seen tens of thousands of these images. In that sense they're more like a doctor than your doctor. They're not some sweaty masturbating pervert. It doesn't show what your vagina or your nipples look like, it doesn't show weather or not you're circumcised. It probably shows less detail about your body than what you wear to the beach.

    Aside from all that, before this device was invented airport security checkpoints were already allowed to strip search you. Isn't that far more invasive?

    Look, I realise that submitting to this procedure may be uncomfortable for the more sensitive people, but please take the time to really think about it. I hope that for the sake of the rest of us you can take it on the chin and save all this "fight the power" energy for one of the many REAL breaches of human rights.

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  122. Would like an update if the TSA ever contacts you again

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  123. Excellent! Thank you. If the bastards due sue. post the paypal link. I'll throw in a few bucks. Fck'm!

    Unfortunately, with my family a 4-5 day drive, I have to fly.

    But I will OPT OUT for as long as I am allowed.

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  124. If a suicide bomber really wanted to blow up the plane, they'd just get the bomb surgically implanted.

    What's the TSA going to do then, give us all CAT scans?

    What if a terrorist blows up a movie theater. Are we going to have TSA agents groping people there, too? This is ridiculous.

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  125. Look up the Wrongful Imprisonment requirements in CA and if a civil suit is actually brought (it won't be) ask a lawyer if you can counter-claim

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  126. Well done. It's much easier and much more convenient just to do what you're told and watch your freedoms continue to erode. Standing up for yourself takes guts. I hope when my turn comes I'm as brave and articulate as you were.

    Hopefully I'm also travelling alone instead of with my family. I'd hate to put them through that. But there's no way I'm letting anyone grope my wife or my son.

    And if you do get fined, let us know. You're not alone.

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  127. you are a douche, everybody knows the security procedures at the airport so maybe in the future you shouldn't fucking fly!

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  128. Senate TSA Oversight Hearing - Wed 17 Nov

    http://www.flyertalk.com/forum/15135060-post1.html

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  129. Reposted on FaceBook and Tumblr to get the word out. Good job, man. Thank you for not compromising your rights.

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  130. I'm laughing my ass off at everyone who says stupid stuff like "I've been to a Metallica concert and they did the same thing derp derp."

    I'd assume that the security detail at a Metallica concert was not a government institution and thus things like the Fourth Amendment would not apply. The TSA, however, IS a government institution.

    Understand the distinction? Yeah, I didn't think so.

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  131. Everyone! Stop flying! I'm a businessman and that's exactly what I intend to do. I'll drive or take the train. If too far, i just won't go. Watch the almighty dollar put the goons back in their place! If we deny the airlines their revenue, just watch how long it will take for the rules to change. How dare these government thugs treat us all like common criminals.

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  132. You handled this with dignity and respect, and I'm really proud of you--it takes courage to do what you did. I doubt they'll bring a case against you, but if they do, I pledge *at least* $100 to your cause if you need it.

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  133. My full admiration. Well handled, and well done.

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  134. @Prank Call - "The TSA is doing stuff that would be considered sexual assault in any other context."

    Context is important. Just like how when your doctor does it the CONTEXT is different and it's not sexual assault. This is simple stuff, people.

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  135. @Nullifier "@Paul
    No, didn't know anyone that died in 9/11. People die every day. So what?"

    WOW. just WOW.

    " We have the right to disobey/disregard any and all "rules" enacted by unelected "officials" "

    ummm, the people who enacted these rules WERE elected. you've heard of Congress, right?

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  136. Are you now on the No Fly List??

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  137. "@Paul:
    Our rights are God-given, and the framers of the Constitution wrote the Bill of Rights not for normal, peaceful times (if ever there were such times) but exactly for the times when the government would seem to have every justification for trampling those rights. "

    Um, those rights down apply in a situation where you CHOSE to buy a ticket with RULES IN PLACE, knowing FULL WELL what those rules are. And if you didn't educate yourself on the rules before buying your ticket, then look in the mirror to find who to blame.

    You people act like the TSA showed up at his house, knocked on his door, and grabbed his groin. A lot of people here need to drop the manufactured outrage and get a clue.

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  138. I just love the idiots who don't think this is a big deal. The government *loves* stupid sheep like them.

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  139. As anonymous as an IP address can be, I say bravo. Please keep us updated.

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  140. Paul:

    Do you think that they're going to stop with just flying? Do you ever read any history books? Are you that thick?

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  141. You people do realise that these methods are so that people don't bring WEAPONS onto the plane right? Simply passing through a metal detector doesn't reveal whether or not you have plastic explosives tied to the inside of your leg. I'd rather be "groped" as you call it than die horrifically in an explosion after a 50 000 foot free fall.

    Also I'm pretty sure that filming airport security is a crime. If they take you to court what are you going to say? "They wanted to search me and I refused and then I filmed thier secruity gaurds" Sounds like a terrorist to me.

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  142. "It makes me sad for our country that people like Paul are so terrified of bogeymen that they're okay with this broad expansion of government power.

    Sorry Paul, the validity of contracts is superseded by the Constitution in this case. The TSA is a government actor, and they're prohibited from unreasonable searches and seizures by the Fourth Amendment."

    So you take it to court. You don't challenge people just trying to do their job. You all want to follow the Constitution and laws, unless it doesn't suit you. There is nothing unreasonable about a search you AGREED TO WHEN YOU BOUGHT YOUR TICKET. These comments are ridiculous.

    And I'm not afraid of any boogeymen. Boogeymen are fictional characters. Terrorists are real. Why am I not surprised hyperbole and exaggeration are finding their way in here?

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  143. You're a goddamn hero. And should this go to court, I look forward to contributing to your defense fund.

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  144. Long version:
    As Americans, we enjoy a great many freedoms. Most of us enjoy the fact that we are arguably 'free-er' than citizens of many other countries. Then there's people like you, who simply want to do whatever they damn well please anywhere, anytime. You don't need to follow the rules, you just need to shout vague references to your rights and freedoms, make a scene, and try to get your way.

    The truth is, the Bill of Rights does not include a clause saying that the right of the people to travel via air shall not be infringed. Airline Terminals (if not, as in most cases, the airport themselves) are private property, as are the Airline's fleet of planes. When you set foot on private property, you agree to follow the rules laid down by the property owner. If you expect the provildge of being on someones property, you follow the rules. Otherwise, you leave.

    If the rules mean you're going to be subjected to insignificant amounts of radiation while someone briefly glimpses your precious 'junk', or that you might be touched, then you have two options: 1.Deal with it, or 2.Leave. The airline, and, in turn, the government, are responsible for the safety of everyone on the plane you wished to get on, as well as any potential targets on the ground in case of a bombing or hijacking, therefore, they've made the rules to try and detect bombs or weapons as best they can, and as unobtrusively as possible. Also, note that an incendiary device requires no metallic parts and can be concealed on the body in such a fashion that the only way to detect it would be a pat down or full-body image, so volunteering to pass through a magnetometer means nothing. In the eyes of a security agent (again, someone responsible for you and everyone else's safety) , since you do not want to be patted or scanned, but are unconcerned about a metal detector, then you could be concealing something that would be detected on a scan or pat down, potentially a bomb, that would otherwise go through undetected. Therefore, you are going to be scanned or searched, or you are going to be removed from the premises.

    That said, I do believe the TSA agents and their supervisors went too far in attempting to detain you at the airport or force you to return to the screening area. That's clearly outside the scope of their authority, though the circumstance would have never arose if you either followed the rules, or avoided the situation and spent your airfare on an alternate means of transport. However, since you went in there with cameras rolling, you must have been hoping this would happen, so you could make a little circus out of it on your blog, call the government evil, and get some attention and love from the internet, in which case you may have succeeded. In fact, since you ended up not getting where you were trying to fly to, your little media sideshow and display of civil disobedience were more important to you than your trip was in the first place. You're no great defender of liberty here, you're simply an attention whore and nothing more.

    Short Version/synopsis:
    The gov't and the airline make the rules, if you're not following them, you're not getting on a plane. They were wrong for trying to detain you at the airport. Regardless, you went in to this situation looking to cause a scene and get attention anyway.

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  145. AWESOME! Thank you for standing up for our civil rights!!!

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  146. Airport searches are narrowly tailored with a compelling government interest and thus pass Fourth Amendment strict scrutiny.

    "Sexual assault" and all the other legalistic terms you're propagating don't amount to much when intrusive searches have been upheld under the 4th Amendment. By using an airport, you are consenting to this infringement on your 4th Am. rights.

    If you have a problem with a particularly intrusive method of search, contact your representatives in the House and Senate. Change will be made through policy, not through attempting to resist on an individual level or spouting empty, bogus legal threats.

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  147. "Do you think that they're going to stop with just flying? Do you ever read any history books? Are you that thick?"

    Now who is afraid of boogeymen? OH NO! THE GOVERNMENT IS COMING TO GET ME!

    bottom line: you agree to these policies and procedures when you buy your ticket. don't like them? don't fly. THAT is your FREEDOM of CHOICE.

    want the rules changed? write your Congressman.

    and to the "you always have a choice" commenter about me saying the TSA employees are just doing their job. I'd be willing to bet you have rules at work that some of your customers or coworkers don't like. Do you violate them? I doubt it, or you wouldn't be working there.

    But hey, it's not like TSA workers are people trying to support themselves or their families. SCREW THEM! Sheesh.

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  148. Anonymous said: "The truth is, the Bill of Rights does not include a clause saying that the right of the people to travel via air shall not be infringed."

    No, but the Bill of Rights DOES prohibit the government from unreasonable searches. Do you think the founders who ratified the Fourth Amendment would be okay with the government using machines that looked at people's naked bodies with no other provocation that they wanted to fly?

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  149. "AWESOME! Thank you for standing up for our civil rights!!!"

    Show me where there is a documented civil right of "not getting searched at an airport after agreeing to the search when you buy your ticket." thanks.

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  150. "No, but the Bill of Rights DOES prohibit the government from unreasonable searches. "

    And no court in the land would call a search unreasonable after you AGREE TO IT. sheesh you people just don't get it.

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  151. It is a matter of time until a terrorist shoves one of these bombs in his butt or surgically plants it in their abdomen. The lemmings that support these searches by TSA will remark, 'They only have their finger up your ass for a few seconds.' or 'Come on the scanner is only equivalent to 100 x-rays.' I for one want the government to profile and not assume everyone want to blow up a plane. This is getting crazy.

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  152. Reminds me of this guy's encounter at SAN before the porno scanner days.

    http://www.netstumbler.com/2007/09/18/my-wonderful-trip-to-south-africa-that-didnt-happen-thanks-to-the-tsa-and-delta-airlines/

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  153. It looks like the YouTube videos aren't working. They're crashing my browser, both imbedded, and directly at the Youtube site. Also, both Firefox and Chrome. Check if they're messed up...

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  154. To the anonymous posting that you have to undergo this shit because you travel for work:

    When I read your comment I was filled with absolute rage - rage that you have to undergo such humiliation just so you can pay your bills and feed your children.

    My husband and I are in the same situation, though we haven't had to travel for work since these policies were put in place. If its practical, I'll be driving or taking a train from now on.

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  155. Anonymous @4:48: The people doing security checks are not private people, they're from the government. Plus, where will it stop? Will it still be ok if they start submitting all, let's say, "colored" people to the big detector? How is it in any way different than segregation? After all, pub owners were in their own property when they had sign "No colored people". Nope, at some point, madness has to stop. As said in many places: when will they start looking in our rectums? is 3000 deaths 10 years ago worth everyone being searched in the rectum forever?

    So, where do we draw the line?

    As for me, talking poo is where I draw the line. Screw you guys, I'm going home.

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  156. Did you ever think that maybe you were putting off some red flags when you wanted to bail half way through a security screening? Likely two scenarios exist in the mind of the TSA at that point. One, this guy is opposed to the procedures and doesn't want to be subjected to this screening or two, this guy has some sort of contraband that he doesn't want them to discover and by backing out can probably get out of trouble.

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  157. what if a bunch of people go through and all do that consecutively? will there be any more employees left to handle situations like this?

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  158. Damn dude! You're awesome, i kind of want to touch where your doctor and wife do if only to see how enormous your balls must be.

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  159. Ready to cross the Rubicon? I for one can't wait to use some incendiary devices on our...

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  160. I wish more people could see your effort. Thank you for standing up and doing what is right. I hope that every person realizes this is how you must act when you feel your rights are taken away.

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  161. "To the anonymous posting that you have to undergo this shit because you travel for work:

    When I read your comment I was filled with absolute rage - rage that you have to undergo such humiliation just so you can pay your bills and feed your children. "

    Wow. You need to get help with your rage. Who told him to take that job? You all talk about rights and freedoms, and leave out the part about everyone being responsible for the consequences of their choices. I traveled on the road about 30 weeks a year for 6 years. Never had a single problem or indignity at the hands of the TSA - and yes, I traveled post 9/11 and have been through the new scanners.

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  162. " I hope that every person realizes this is how you must act when you feel your rights are taken away."

    Reasonable, intelligent, mature people go through the proper channels. They don't go and do things that cause problems for other innocent people. Don't like the rules? Then be an ADULT and get involved in the political process - you know, the one the CONSTITUTION set up that many here are crying about.

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  163. From the TSA website: Note they specifically state on their website that these alternate screening machines are OPTIONAL to all passenger, but they're not so clear on what happens if you opt out.

    "Advanced imaging technology screening is safe for all passengers, and the technology meets national health and safety standards. Learn more about the safety of AIT here.

    TSA has implemented strict measures to protect passenger privacy, which is ensured through the anonymity of the image. Additionally, advanced imaging technology screening is optional to all passengers."

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  164. I will be attemping to fly to visit my family over christmas in the United States.

    I will not go through the backscatter device and no-one will touch my genitals. Plain and simple.

    I'm glad others are also standing up against this invasion into our privacy.

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  165. I wish the average citizen had 10% of the balls you do. Well done.

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  166. Well done. I wish major media would get ahold of these things and expose tsa for the intrusive abusive worthless machine that it is.

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  167. Although I applaud what you did, and agree 100% with your moral imperative, there's no way I'd take the same risks as you did. Not only cause I'm brown-skinned and of Asian descent (and therefore must be a terrorist), but because they have no doubt already created a TSA and FBI file on you that will be with you *forever*.

    Likewise, I would fully expect them to arrest and prosecute you on charges of illegal surveillance or violation of the Wiretap Act for having recorded the audio of the encounter. Arguably it's a public space, but California is a "two-party" consent state (it requires the consent of all individuals in a recording), and several people have been arrested and prosecuted for having recorded police officers in the public streets, let alone in an airport. Google it.

    That being said, you have some brass balls and truly are an outstanding American. Bravo, sir. Your actions make us all proud.

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  168. there are three choices in this situation. go through the body scan and get skin cancer. submit to sexual molestation. or cut to the chase and just strip naked, bend over, spread your cheeks and invite them to party.

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  169. http://www.tsa.gov/travelers/airtravel/assistant/editorial_1049.shtm

    "If you refuse to be screened at any point during the screening process, the Security Officer will deny you entry beyond the screening area. You will not be able to fly."

    "A pat-down inspection complements the hand-wand inspection. In order to ensure security, this inspection may include sensitive areas of the body."

    You agree to these rules when you CHOOSE to fly. Simple. If you are ignorant of the rules, you only have yourself to blame.

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  170. About the suit: Just tell them that you were new and didn't know any better. If it's good for employees that actually SHOULD know, then it's good for some random civilian.

    This whole screening process is bullshit and I applaud your efforts and not taking any shit!!

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  171. Thank God for Amtrak and the Federal Interstate Highway System. Air travel in the USA is broken.

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  172. @Lakin - "I will not go through the backscatter device and no-one will touch my genitals. Plain and simple."

    Then you should CHOOSE an alternate method of travel. I'm sorry you don't like the rules, but they ARE the rules. You agree to them by buying your ticket. Do what the original poster of this blog post did and you will suffer the consequences of going back on what you agreed to.

    I'm curious...does your doctor touch your genitals? Do you sue him? Complain he is sexually assaulting you?

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  173. Thank you for standing up for your rights and hopefully you will be an inspiration for other people to do the same.

    Regards

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  174. Paul, we got your point, trust me, you've been repeating it like an angry wookie relentlessly.

    You can rest now.

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  175. Paul,

    You realize that these screenings don't actually increase safety, right? And that a determined terrorist will do whatever it takes to easily bypass this shit? You are a rule follower to the extreme, and people like that are idiots not capable of independent thought.

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  176. "Paul, we got your point, trust me, you've been repeating it like an angry wookie relentlessly.

    You can rest now."

    Just responding to people who responded to me. But yes, I have said all I have to say. The level of misunderstanding of rights in this thread is disturbing.

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  177. "And no court in the land would call a search unreasonable after you AGREE TO IT. sheesh you people just don't get it."

    If the Contract of Carriage stated that the airline or TSA had the right to shoot you in the face if they didn't like it, that wouldn't make it legal for either party.

    Extreme example, sure, but it illustrates the point that contracts cannot override the law. The Constitution is the Supreme Law of the Land.

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  178. "If you touch my junk I'll have you arrested" is brilliant, and should be printed on t-shirts to raise funds for your defense if indeed a suit is brought against you. You, sir, are my hero.

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  179. The US Supreme Court has stated:

    "Where public safety is not genuinely in jeopardy, the Fourth Amendment precludes the suspicionless search, no matter how conveniently arranged." (Chandler v. Miller, 520 US 305).

    A prospective airline passenger has a choice: he may submit to a search of his person and immediate possessions as a condition to boarding; or he may turn around and leave. A party may revoke his consent to be searched any time prior to boarding the plane, even when he has passed beyond the initial screening point, if he agrees to leave the boarding area. US v. Charles Phillip (1976) 546 F.2d 1350. This is from the second circuit. The third circuit just said you cannot leave once you enter.

    Therefore, its not uniform nationwide. Another Supreme Court case will decide this

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  180. "You realize that these screenings don't actually increase safety, right?"

    Write your Congressman.

    "And that a determined terrorist will do whatever it takes to easily bypass this shit? You are a rule follower to the extreme, and people like that are idiots not capable of independent thought."

    I'm an idiot because I think that the proper channels should be followed rather than acting like a fool in public and causing delays and problems for people who are just doing their job? I bet it would make you mad if someone came to your job and acted like this over rules YOU did not make but have to follow or be in the unemployment line.

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  181. I agree that most of the measures that the TSA imposes are essentially useless (baggage X-rays and metal detectors are probably reasonable, but the body scanning or equivalent pat-downs are pointless).

    However:
    1) The conditions under which you fly are well-known, and your ticket purchase is conditional on accepting those conditions. If you had no intention of accepting those conditions, and it appears that you did not, why did you buy a ticket (and hence consent to the conditions) in the first place?
    2) If you are concerned about the health risks of the body scanner, why are you willing to go 30,000 feet in the air (if not more) in an unshielded plane? The radiation risks of air travel are far, far greater than the radiation risks of the body scanners.
    3) The "enhanced pat down" may well be useless, but it is not "sexual assault". The genital contact is non-sexual and is only performed with consent.

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  182. you knew what you were getting into. You deserve to be arrested.

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  183. @Adam B

    nice hyperbole. a totally ridiculous example that has no bearing on the legality of a pat-down search at an airport.

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  184. Hey Paul, anal cavity probes are coming up next. You're first in line, right?

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  185. You are awesome! Thank you!

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  186. Paul said...

    "I bet it would make you mad if someone came to your job and acted like this over rules YOU did not make but have to follow or be in the unemployment line."

    No, because unlike rule followers like you, I have my own source of income that doesn't require me to report to a "boss" or go to an "unemployment line".

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  187. @DrPizza: Performed with consent? So "do you want to fly today?" means consent? Yeah, I guess it does, in much the same way a guy holding a knife to a woman's throat while he rapes her has her consent.

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  188. good luck sir! you do know that TSA actually stands for "Too Stupid for Arby's" don't you ?

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  189. If Paul were a black guy back in 1960, he would have just sat his butt in the back seat of the bus, shut his mouth and liked it. Also, he'd think that the colored fountains were pretty tasty.

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  190. Paul, civil disobedience is a very important safety valve in a healthy democracy. Moreover, John didn't disturb airport operation very much and was very reasonable during the whole process.

    Sure, you could say he's wrong and he's just an attention whore, but being an attention whore on the internet is *not* illegal and is *not* civil disobedience.

    Your argument = Failure.

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  191. TSA: Party Like It's 1984!

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  192. I can only fault you for apologizing. You should never apologize to scumbags like this. These people are collaborators in the destruction of our Freedoms.

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Please be relevant, civil, and brief... in that order.