Lawsuit UPDATE -Rutherford Institute Asks Fourth Circuit to Reject Government’s Motion to Dismiss Tobey Case

Discussion in 'Aviation Passenger Security in the USA' started by Fisher1949, Mar 2, 2012.

  1. Fisher1949

    Fisher1949 Original Member Coach

  2. Lisa Simeone

    Lisa Simeone Original Member

     
  3. nachtnebel

    nachtnebel Original Member

    go Rutherford. keep the heat on these jerks.
     
  4. Mike

    Mike Founding Member Coach

    Compensating for this week's (hopefully temporary) bad news from Albuquerque in the Phil Mocek case, the 4th Circuit Court of Appeals has reversed the trial judge and remanded the Aaron Tobey case for trial. ^ Unless the (expletive deleted) settle, Aaron Tobey will have his day in court!

    Wired / Threatlevel: Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest

    In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:

    Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.​
     
    Elizabeth Conley likes this.
  5. Mike

    Mike Founding Member Coach

  6. DeafBlonde

    DeafBlonde Original Member

  7. Monica47

    Monica47 Original Member

    http://www.wired.com/threatlevel/2013/01/4th-amendment-chest-trial/

    A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.
    Aaron Tobey claimed in a civil rights lawsuit(.pdf) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.
    “Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.
    In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:
    Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.​
    Tobey didn’t want to go through the advanced imaging technology X-ray machines, or so-called nude body scanners, that were cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down, and removed most of his clothing in the process.
    Among other things, the federal lawsuit claimed wrongful detention and a breach of the First Amendment and Fourth Amendment. Tobey was on his way to Wisconsin for his grandmother’s funeral. Despite his detainment, he made his flight.
    According to the suit, while under interrogation, the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”
    Two weeks later, Henrico County prosecutors dropped the misdemeanor charge against him, and he sued the Transportation Security Administration and others.
    In dissent, Judge J. Harvie Wilkinson wrote:
    Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.​
     
  8. Mike

    Mike Founding Member Coach

    Beat ya by 8 hours & 32 minutes! :D
     
  9. TSA News Blog

    TSA News Blog News Feed

    [Updated to reflect the current & more accurate title & content at TSA News Blog]

    AaronTobeyHero1.jpg
    Aaron Tobey, the 1st and 4th Amendment hero who got arrested for speech — silent speech, as you can see in the photograph — has won his lawsuit battle in his lawsuit against the TSA.
    Those of you who remember Aaron Tobey know that he was unlawfully detained by the TSA at Richmond International Airport in 2010 because when he declined to go through the strip-search scanner and opted for a pat-down, he stripped down to his skivvies, thus showing that he had nothing to hide.​
    But as we know, it’s not about whether you have something to hide. The so-called security process is about compelling obedience. About putting you in your place. The fact that Tobey had the — gasp! — 4th Amendment written on his chest made the blue-shirted wonders even more angry.​
    Remember, the TSA isn’t law enforcement and has no law enforcement authority — they’re required to call the police if they get their knickers in a twist. Aaron Tobey was detained, in handcuffs, for 90 minutes. And “interrogated”:​
    the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”​

    That’s right — because obviously anybody who goes around quoting that seditious document, the U.S. Constitution, clearly has some terroristy intent.​
    The Richmond-area prosecutor wisely dropped all charges against Tobey back when this incident happened. But Tobey, god bless him, didn’t stop there. He brought suit against the TSA claiming his civil liberties were violated and sought $250,000 in damages and legal fees.​
    t is crystal clear,” the court wrote, “that the First Amendment protects peaceful nondisruptive speech in an airport, and that such speech cannot be suppressed solely because the government disagrees with it.”

    Though Tobey won his suit has won this phase of his battle, he still has to overcome more hurdles before the lawsuit is completed. One judge dissented in the recent decision; read his rejection of civil liberties here.
    Here are more people who’ve tried to fight the TSA, in various ways, and who’ve both won and lost.
    Bravo, Aaron Tobey! Another hero in the mold of John Brennan. And bravo to John Whitehead and the lawyers of the Rutherford Institute, who helped Tobey in his case. No word yet from the Rutherford Institute on what Tobey’s next step is.
     
  10. Elizabeth Conley

    Elizabeth Conley Original Member

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  11. KrazyKat

    KrazyKat Original Member

    Judge Wilkinson must not do a lot of air travel. Good thing he was in the minority on the opinion.
     
    jtodd and Elizabeth Conley like this.
  12. Elizabeth Conley

    Elizabeth Conley Original Member



    I have to agree. Tobey was responsible for his own behavior, not that of the screeners or the police. The police and screeners are responsible for their behavior. Tobey's behavior did not create any problems, while the behavior of the screeners and the police were illegal, abusive and highly disruptive.
     
  13. nachtnebel

    nachtnebel Original Member

    totally agree. those folks created their own problems. Tobey isn't responsible for their over-inflation of their own powers and prerogatives.
     
  14. jtodd

    jtodd Original Member

    That's the way I see it as well. If the TSA and the police dolts had acted appropriately and within reason, they would not have been distracted from their duties. They simply retaliated because an American would not kiss their boots.

    Good for Tobey!
     
    nachtnebel likes this.
  15. RB

    RB Founding Member

    Same situation with Phil Mocek. He behaved himself but the TSA clerks didn't like his filming. It was TSA and then the airport police who got out of hand and escalated a none situation into a multi year court battle that will end up costing the citizens of that area big bucks.

    If TSA would train its screeners properly and then require compliance a lot of these problems would go away.

    TSA is the problem, not the traveling public.
     
    Elizabeth Conley likes this.
  16. Fisher1949

    Fisher1949 Original Member Coach

    Aaron Tobey, Airport Security-line stripper, settles suit against airport police
    http://thedailyrecord.com/2013/07/10/security-line-stripper-settles-suit-against-airport-police/

     
  17. Caradoc

    Caradoc Original Member

  18. Elizabeth Conley

    Elizabeth Conley Original Member

    I must applaud Tobey and Whitehead for emphasizing that Police Officers need to understand the Constitution, with particular emphasis on the Bill of Rights.

    Our national leaders are socially dysfunctional, and their dysfunctional has a trickle down effect that is coarsening social interactions on every level, throughout the nation. The Bill of Rights is a crash course in "Boundaries for Idiots."

    Really, properly socialized people don't need to have these limits spelled out for them. It's all pretty simple. Unfortunately, many government-trained dolts seem to need a refresher course in basic human decency.
     
  19. Frank

    Frank Original Member

    The training is meaningless. They'll sit through it, get it signed off, and go right back to violating our rights.

    This (expletive deleted) will end when cops go to jail, and lawsuits are paid off from pension funds, police union assets, and a direct garnishment from all officers in the department. If they want to be soldiers, I'm all for unit punishment.
     
  20. nachtnebel

    nachtnebel Original Member

    Screw the money. Decimare!
     
    Caradoc likes this.
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