A less than brilliant judge (appears to be lacking a few marbles) has dismissed the federal defendants in Phil Mocek's suit ... ABQ Journal: Judge Dismisses Defendants in Passenger’s Suit (Jan 22 2013) In a 125-page opinion filed last week, U.S. District Judge James O. Browning dismissed the federal defendants from the lawsuit, and included language helpful to the city’s defense....Browning’s opinion said the federal officers are entitled to dismissal because Mocek had not shown First Amendment violations when they ordered him to stop filming. The officers would be entitled to qualified immunity, anyway, Browning said, because the “alleged right to gather news at an airport screening checkpoint and to record police activity in public are not clearly established.”The court found the TSA officers did not violate clearly established law when they called in city aviation police, because the action was taken after Mocek would not comply with the order to stop filming. "alleged right to ... record police activity in public are not clearly established": Did this judge just crawl out from under a rock? Phil's attorney intends to appeal, which pushes this case up to the level where case law is made. This case now has the potential to become a major first amendment case. If the 10th Circuit Court of Appeals (which covers New Mexico) affirms the district judge's order, it will be at odds with other circuits (e.g. the 1st Circuit for Massachusetts and the 7th Circuit for Illinois), which will make it a prime candidate for Supreme Court consideration. The Supreme Court already declined to hear an appeal of the Illinois ruling; if the 10 Circuit doesn't adopt the stance of the 1st & 7th Circuits, the odds are good that the Supreme Court will take it up.