Opt-Out
Have Americans finally had their fill of the heavy-handed tactics of the Transportation Security Administration (TSA)? Are parents en route to Disney World fed up with having their three-year olds brought to tears by manhandling TSA employees? Will senior citizens stop consenting to be prodded and poked while seated in a wheelchair from which movement may be quite painful? Are adult air passengers finally ready to declare, “enough is enough?”
TSA has greatly increased the number of full-body scanners at airports across the country, and instituted a program of aggressively hand- searching passengers who decline the full-body x-rays. Whether these indignities finally will prompt the travelling public to rebel, however, remains to be seen.
After all, for every traveler who realizes that a full body scan or physical body search conducted after they already passed a weapons and explosives detection device, adds little if anything to their safety, there are others who shrug that, “if it makes us safer, well, that’s the price we have to pay.” And for every citizen who understands that the Fourth Amendment prohibits the government from conducting an intrusive search of one’s persons and possessions without any suspicion they’ve done anything wrong, there’s another who accedes to such searches, because they “have nothing to hide.”
Recent polls indicate an air passenger rebellion is brewing; and none too soon. As a nation, are we ready to reaffirm our heritage and cast off the yoke of fear that has gripped us since September 11, 2011? Do we become once again a nation of laws – in which the Bill of Rights still has meaning – or have we succumbed to the federal browbeaters who assert that whatever intrusions they assert are necessary for them to protect us, are permissible? Are we willing to ask the tough questions?
Unfortunately, in TSA World anyone — pilot, flight attendant or passenger – who presses the government employees to articulate a justification for such intrusive technological or manual searches based on nothing more than chance or vindictiveness, risks ejection from the airport and even threats of civil lawsuit or arrest. Such official government intimidation often discourages people from properly questioning what is being done to them; but it should not.
The Fourth Amendment’s prohibition on unreasonable searches and seizures serves as a fundamental check on government power. If a person has already passed successfully through a weapons detector before boarding a commercial airliner, the government has no right to then demand that they submit to a further and even more invasive search for no articulable reason.
Horror stories of run-ins between TSA employees and average, law-abiding American citizens are becoming more common place. Top government officials, rather than trying to work constructively with the public, are digging in their heels and playing hardball. Just ask a young man from San Diego named John Tyner.
While recently attempting to fly out of San Diego International Airport, Tyner was directed to a full-body scanner. He declined, citing health and privacy concerns. Tyner was allowed to go through a metal detector, and what he thought would be a routine pat-down. Upon realizing this “pat-down” would require the TSA officer to touch his groin, Tyner politely declined. For his effrontery, Tyner is now the subject of a federal criminal investigation and threatened with a civil suit and $11,000 fine.
November 24th has been declared “National Opt-Out Day.” This tactic may help draw attention to TSA abuses; but, reining in this rogue agency will take much more. Lawsuits challenging TSA x-ray and body searches are pending and deserve our support. Airport authorities should be reminded they can in fact opt out of having TSA in charge of their screening. And, perhaps most important, the incoming chairmen of the House oversight and transportation committees should make TSA the subject of the first investigations they conduct in January 2011.
-by Bob Barr, The Barr Code
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113 comments Add your comment
ButtHead
November 22nd, 2010
9:58 am
David Patton,
Since your comment makes 100% sense then the TSA will ignore it. If I must be pat down I should get to chose my patter, I want a blonde 38DD…
Nope, not this time
November 22nd, 2010
10:07 am
Matt .. We have a problem here and if you want to deny this then so be it. While every American is treated like a terriorist, the Federal government is giving Meranda rights to real terriorists and giving them rights that Americans have. We are being abused and the terriorists are being found not guilty. People better start to wake up before our country if filled with terrior. Its not the Americans who are blowing us up. Treating the common traveler worse then a terriorist who claims victory? Give me a break.
I now more then ever am very interested in seeing this so called birth certificate of our grand Obama. Does it exist. Cost him Millions of dollars to defend it! I want to see it, and now before its to late. That and his college transcripts. I think its well past time. When our government stands over each and every american but caters to terriorists of other nations, WE HAVE A GREAT BIG PROBLEM. Time to stand up people.
dubya
November 22nd, 2010
10:25 am
it’s time to discriminate….only muslims are terrorists….pat them down. not us whites.
Tweets that mention Opt-Out | The Barr Code -- Topsy.com
November 22nd, 2010
10:34 am
[...] This post was mentioned on Twitter by George V. Hulme and PrivacyDigest, Dissent Doe. Dissent Doe said: Bob Barr's column, "Opt Out:" http://bit.ly/blKjnM #TSA #fourthamendment #privacy #n [...]
unjustified accusations
November 22nd, 2010
10:34 am
I’ve seen the pat-downs of others, as they are generallly done in full view of others.
If anyone were TRULY being assaulted sexually – dontcha think there would be a ton of witnesses? There’s no crime here – just an inconvenience.
Quit crying and get on the daggum plane
Real Athens
November 22nd, 2010
10:35 am
Nope:
The TSA was created by George W. Bush as part of the Department of Homeland Security — the largest reorganization of the U.S. government since the New Deal. Place blame or credit where it is due. Jesus, man — enough with the birth certificate nonsense. Pull your head out of your a#$.
Yesterday Kyle proposed some sort of National Traveler ID card based biometric scanning to whit I replied:
“Regarding biometric airport screening at airports, you create a second-class citizen/traveler (class warfare) of those who cannot afford such a card. Physiological Biometric characteristics include, but are not limited to fingerprint, face recognition, DNA, palm print, hand geometric and iris recognition –which has largely replaced retina ID. Do you want this information collected by a private agency and filed by the U.S. government in order to allow you to travel freely and swiftly between cities of the U.S.?
Many countries, including the United States, already trade biometric data. The United States has bi-lateral agreements to share biometric data with about 25 countries. Every time a foreign leader has visited Washington during the last few years, the State Department has made sure they sign such an agreement. Governments are unlikely to disclose full capabilities of biometric deployments. As a result, many in the civilian community are worried about how biometric data is used. Unfortunately, full disclosure may not be forthcoming to the civilian community.
I believe that this type of ID is in direct violation of the Fourth Amendment to the U.S. Constitution. I can be granted swift/unobstructed passage inside the sovereign borders of the United States if I pay a fee to a PRIVATE company (with no governmental regulation or oversight) and give up a fingerprint or DNA? Even though I have no history of ever having been engaged in criminal activity?
This is not the United Sates I wish to live in. Do you?
David Patton:
You are exactly right. The interview I had was with a Delta employee as I approached the check-in line. It went exactly as you described. Very intense, yet still polite. In addition — having just returned from Europe and traveled through the airports of Brussels and Frankfurt — I propose a different approach. How about using specially-trained para-military, military and special operative personnel to monitor the day to day functions of airports. Have you ever witnessed the security employed around the Eiffel Tower? Compare that to the average employee of the TSA.
Give our military a task they can get behind; literally protecting our country instead of fighting an energy war under the guise of chasing a ghost in Afghanistan. A military presence at airports is security that will work, will protect personal freedoms and most people will not complain about.
rights are trampled?
November 22nd, 2010
10:36 am
if you refuse a scan or search – I don’t want you on MY flight
Suckers@yahoo.com
November 22nd, 2010
10:39 am
The real issue is the TSA’s dedication to the illusion of being politically correct. Common sense is taken out of the equation so an unpopular minority group (Muslims) can’t scream discrimination, so everyone else is made to suffer. The terrorists have already won because they’ve taken away our way of life pre 9/11.
MLM
November 22nd, 2010
10:48 am
Anyone who thinks these scans will prevent future terrorism naively overlooks that the TSA is reactive, not proactive. The next terrorist will simply carry a bomb in a different way – like inside a body cavity. Then the TSA will respond by doing cavity searches and the terrorists will come up with another strategy like arming private planes. The best solution is to follow the Israeli model – to talk with passengers and screen them accordingly. And to have bomb sniffing dogs which can smell well hidden bombs and drugs. But dogs and screening do not put money into corporate pockets. These backscanners are very lucrative business.
mrs. w
November 22nd, 2010
10:48 am
This is like the whole class being punished for the actions of a few. We need to revert to profiling in this area and political correctness be damned.
Deirdre
November 22nd, 2010
10:54 am
Example. Billy sets off a stink bomb in his classroom. Teacher decides that the whole class should be punished for Billy’s act. Stupid.
Example: A bully tells a kid “If you don’t want to get beat up then don’t walk on this side of the street.”
The US gov’t, in an effort not to appear racially motivated, has turned into an over-zealous teacher(searching everyone) and a neighborhood bully(”if you don’t like it, don’t fly”)
Seriously?
Richard
November 22nd, 2010
11:06 am
Do people really fear for their lives when they get on a plane? Have I been the only person in the last decade not scared to death that my plane would crash?
For those of you who have been terrified of terrorists the last 10 years, why have you been getting on planes in the first place?
You people should try not being consumed by fear. It’s a great stress relief.
Matti
November 22nd, 2010
11:16 am
Richard,
I’m always scared the plane will crash, but that’s because I don’t trust planes, pilots, or mechanics, not because I’m eskeered of somebody putting a firecraker in his shoes or an incendiary device in his briefs. Suckers is right. The terr’ists have already won, because any time one idiot does something, our whole way of life has to change. Like, really? As if x-raying our shoes and flip flops and making us toss the V-8 Splash we just opened to keep our blood sugar from crashing is somehow going to make us “safe?” No wonder the bad guys think we’re morons.
Twitted by mikedevinelaw
November 22nd, 2010
11:31 am
[...] This post was Twitted by mikedevinelaw [...]
king of mean
November 22nd, 2010
11:35 am
i agree with Northern Songs – PROFILE!!!
Opt-Out | The Barr Code | Slinking Toward Retirement
November 22nd, 2010
11:44 am
[...] Opt-Out | The Barr Code. [...]
Dr. Pangloss
November 22nd, 2010
11:54 am
None of this compares to some of the gross guy stuff I’ve had done by women doctors.
I’ll take the scanner until they come up with something better.
Steve
November 22nd, 2010
11:59 am
The Israeli’s don’t do this, and look how secure their airports are . . .
1911A1
November 22nd, 2010
12:18 pm
Everyone remember, the TSA was never anything more than a federal jobs program. Write your congress person and insist that TSA be de-funded. Let’s shut it down!
Gregg
November 22nd, 2010
1:15 pm
Let me ask the question! If this were a Muslim man in full drab that refused to be searched how many people would take his side. What happened to all the 9-11 we will never forget posters. Have we forgotten that we are still at war. We have people dying for our freedoms and we complain about being searched to board a flight. I agree that the pilots should not have to go through this each and everytime. As for regular travelers I feel better knowing that everybody was searched. If a Plane were to explode over America, all this rethoric will disappear in a hearbeat. If you want to fly shut up and get searched if not drive.
Gregg
November 22nd, 2010
1:21 pm
@ Suckers your comment is idiotic at best! You make it seem as though Whites and Blacks do not carry out terroristic ideas or plots. It’s not just “Muslims” that want to do us harm. Why not pull over every White man driving a U-Haul truck ala Timiothy McVeigh or every Black man driving a nice car because he has to be a drug dealer. profiling is stupid and allows people to show their true racisim.
PC BS
November 22nd, 2010
1:35 pm
If the TSA didn’t have its hands tied by the PC crowd in Washington (The Transportation Dept), increased security measures would be used against those that better “fit the description” of the ever growing cases of airborne terrorism, rather than scanning and patting down Grandma, etc. “Profiling” is exactly what police/investigators due (correctly) when they search for criminals. Just use some common sense. Maximize your resource use (computers, scanners, no fly lists, etc.) against those more likely to commit such crimes.
55
November 22nd, 2010
1:42 pm
Heavy handed tactics?
Health concerns?
Rogue Agency?
Prepare the fainting couches as the neo-con drama queens play up their hatred for all things Uncle Sam related.
The only ones that would be hurt by this misguided stupidity is the airlines and other working Americans.
And yes by all means, lets bring back Argenbright Security!!
I know you “forgetful” “conservatives” have forgotten what a deadly debacle they were…
Grump
November 22nd, 2010
1:45 pm
When I purchase a ticket, my contract is with the airline – get me from point A to point B for x dollars and y amount of hassle. If the hassle factor or the cost factor go up, my ticket purchases go down. Right now, my ticket purchases are at zero. I won’t even consider flying if I can drive it in 12 hours – the hassle factor is too high.
Maybe if the airlines are hit in the pocketbook, they’ll do something about these TSA Nazis. If not, I’ll have some nice drives, the air will get a little dirtier and I won’t be strip searched by some $1.25/hour TSA doofus.
The Liberty Papers »Blog Archive » TSA updates from people who opposed the TSA before opposing the TSA was cool
November 22nd, 2010
1:50 pm
[...] Barr was prophetic, then adds that folks should opt out: Well, surprise, surprise — the government is not telling us the [...]
Cutty
November 22nd, 2010
1:52 pm
Went through Hartsfield and DFW last week, no problems. just chickenhawks looking for a reason to squawk about Obama. then when a plane blows up, they’ll be squawk about no security. where was Barr when the TSA had us stripping down to our boxers the last 8 years?
j
November 22nd, 2010
1:52 pm
why are you folks always bitching about something.
don’t like it don’t fly. better yet hire your own private security firm. why aren’t private firms doing this job?
JAS
November 22nd, 2010
1:52 pm
This whole thing is a fabrication of the conservative party and particularly our friends Rush, Hannity, Coulter, and Beck. Remember, Conservatives want to keep you scared of EVERYTHING!
I traveled this weekend and both me and my wife had a fully body scan. NO. BIG. DEAL. It was quick, painless, and the only person that saw my overweight figure in alien shades of blue, black, purple, and grey was some agent in a room I couldn’t see (and who couldn’t see me) communicating with the agent in front of me via earpiece. It was over in 10 seconds and we were on our way.
55
November 22nd, 2010
2:17 pm
Bring back Argenbright Security!
They’ll have criminals scanning ya.
They’ll leave all sorts of gates unlocked and unattended.
And they’ll allow people to bring weapons on airplanes every day.
But hey! That’s the “free market” at it’s finest!
Suckers
November 22nd, 2010
2:22 pm
You’re right, Gregg, it IS completely racist to assume that Muslims are the only terrorists on planes. On the other hand, experience has shown time and time again their radical sect actually ARE the terrorists of the sky. You can go on living in your fantasy world where everyone is treated equally and nobody is more prone to violence than anyone else, but it’s that kind of thinking that jeopardizes the security of the masses. Wake up and smell the stank.
EJ Moosa
November 22nd, 2010
2:27 pm
The old United States would have found a better way.
The new United States says get used to it.
Nope
November 22nd, 2010
2:45 pm
It’s important to note that former Homeland Security Chief Michael Chertoff owns a company called the Chertoff Group who represents the company making the new scanners. Gee, I wonder why we have them in airports all over the country now? Also of note — our elected officials are allowed to circumvent any sort of security check at any airport… This is form the NYT.
“As he left Washington on Friday, Mr. Boehner headed across the Potomac River to Ronald Reagan National Airport, which was bustling with afternoon travelers. There was no waiting for Mr. Boehner, who was escorted around the identification-checking agents, the metal detectors and the body scanners, and whisked directly to the gate.”
http://www.nytimes.com/2010/11/20/us/politics/20boehner.html?_r=2&hpw
ATF
November 22nd, 2010
2:47 pm
So, when a plane explodes everyone will blame TSA for doing a bad job. And Obama.
If it makes it safer for my children to fly home for Christmas, you can all just get in line and get xrayed or patted-down. Your embarrassment means diddly-squat to me compared to the lives that could be saved.
Cekker
November 22nd, 2010
2:48 pm
Hmmm…so our choices are:
– Get scanned
– Get groped
– Get blown into a million bits somewhere over Akron
This is a dilemma!
JonnyQuest
November 22nd, 2010
3:30 pm
Many Americans expecially from the RIGHT found the Patriot Act to be just fine. Have the gov read our emails, sneak and peek in to our homes, read our mail etc is ok… BUT if they want to insure we are safe upon entering an aircraft then that is bad. A small price to pay for being at war with terrorists’ that want to kill us and would like to use aircraft to do so.
I am Jonny Quest. Myself and my bodygaurd Race Bannon say, “Bring It On”.
BillyNumerous
November 22nd, 2010
3:31 pm
I love how half the people on here are probably 300 lbs and think that someone actually desires to touch them.
killerj
November 22nd, 2010
3:44 pm
Feds Can,t even stop drug trafficking on a plane much less stop someone from blowing it up,wake up people somethings not right with this administration.Go Tea Party.
Richard
November 22nd, 2010
4:03 pm
ATF,
Go watch a TSA agent rub your child’s genitals.
furious_styles
November 22nd, 2010
4:14 pm
@killerj. “This” administration did not usher in the TSA. You should bring yourself up to date before posting online. Posting online is for grownups.
DLS
November 22nd, 2010
5:50 pm
1911A1 , Are you a Terrorist, you sure sound like one.
Deb
November 22nd, 2010
6:19 pm
I am a frequent flyer for 11 years – I have followed everything I have been asked to do by the TSA but this crosses the line. They need to take all these procedures and aim them by racially profiling the groups that commited these acts. Not people in wheel chairs, people with knee replacements or three year old children. We are not the criminals here. I opt out!
FredW
November 22nd, 2010
6:43 pm
A great way to protest while complying would be to sing the National Anthem while being groped.
Opt-out of scanner, comply with grope, after the grope has started in public, start singing!
I think this would be great way to draw the attention of other waiting passengers and force them to think of what is happening in our “free” country.
What news this would be if passengers are arrested/detained singing the National Anthem!
jconservative
November 22nd, 2010
6:55 pm
Bottom line, or rather the TWO bottom lines:
1A – people want to feel safe while they fly.
1B – People do not want to be searched/probed to see if they have a bomb on their person as they board an airplane.
People want to crucify the TSA for trying to make sure they are safe when they fly.
If a plane is blown up then TSA will be crucified by the public for not preventing the murder of US citizens.
Bottom line – require all passengers who board a plane to sign a statement giving the US government power of attorney in case of an act of terrorism against that flight.
It is not necessary to fly on an airplane. It is a luxury. If one does not like the TSA treatment, then drive or take the train. Or just do not make the trip.
Don
November 22nd, 2010
7:00 pm
For all of you who proudly proclaim it’s for safety, ask your self these questions.
Who searches the TSA employees and make sure they don’t carry an explosive thru their own security to hand off to someone on the other side?
Who searches the people handling your bags and luggage?
Who searches the food handling people that deliver food to the planes?
Who searches the ones that fuel the plane?
Who searches the mechanics?
Who searches those that service the interior of the plane before and after flights?
The list of those that are not searched goes on and on and on.
When they decide to do body cavity searches, are you going to proudly bend over?
Dirty Dawg
November 22nd, 2010
7:46 pm
Hey Bob…posted this over there with your buddy Kyle, but thought you’d likely be the one that will actually do something with it. Namely, that there’s some sort of national analysis out that ranks the most dangerous cities in the country, and Atlanta’s not on it – at least we aren’t listed in the top fifteen. Damn, there must be something wrong with that survey…obviously they didn’t call you folks out in Cobb and the other counties surrounding the City. I’m sure you guys can find the ‘flaws’ in their methodology.
Redneck Convert (R--and proud of it)
November 22nd, 2010
8:07 pm
Buck-nekkid. That’s the answer. If you ain’t afraid to take all your clothes off to fly, you got nothing to hide. Let them search the big ones with folds of fat, but leave the rest of us alone. Just don’t touch my pile-on cyst. It’s kind of tender. Just make sure I’m safe. I’ll give up all of my freedom and kiss your butt, just as long as I’m safe.
Windy Huey
November 23rd, 2010
2:42 am
Really really greatarticle. You’re a really smart writer. I couldn’t find any word on this topic anywhere. Thank you so much for help.
aCitizen
November 23rd, 2010
6:32 am
I am amazed that no one on this page has mentioned principles of modesty and decency in line with reverence and respect for the persons of each of us. We are in a sad time.
Ragnar Danneskjöld
November 23rd, 2010
6:54 am
Now, thanks to Drudge, we know why this trouble is inflicted on Americans:
Naked Body Scanner Manufacturer’s CEO Obama’s Guest on Trip to India
Submitted by yogmama on Thu, 11/18/2010 – 01:15
in Daily Paul Liberty Forum
“OSI Systems is the owner of Rapiscan Systems which manufactures the Secure 1000, one of the most commonly used backscatter x-ray machines. And, no it is not the Deepak Chopra you’re thinking of.
Ragnar Danneskjöld
November 23rd, 2010
6:54 am
OSI Systems Chief Executive Officer Joins US Presidential Visit to India
HAWTHORNE, Calif.–(BUSINESS WIRE)– OSI Systems, Inc. (NASDAQ: OSIS), a vertically-integrated provider of specialized electronic products for critical applications in the Security and Healthcare industries, today announced that Deepak Chopra, Chairman and CEO, was selected to accompany US President, Barack Obama, to Mumbai and attended the US India Business Entrepreneurship meeting, which was held by the US India Business Council (US IBC). The goal of the meeting was to promote further trade between US and India….”
dailypaul.com/node/149723