During the past legislative session, the Texas legislature tried to pass House Bill 1937 which would protect Texans from having their private parts touched by agents working for the Transportation Security Administration (TSA) during pat-downs at airports. Many people hold that the TSA pat-downs involve groping innocent citizens and is definitely an intrusion on the rights of Texans. The 4th amendment in the U.S. Bill of Rights gives us "the right of the people to be secure in their persons...against unreasonable searches." I believe that touching a person's private parts should be categorized as an unreasonable search unless there is a strong reason to suspect that the person is a terrorist.
So allow me to ask a few questions. Is there a strong reason to suspect that a wheelchair bound, 95-year-old woman with cancer is a terrorist who needs to have her diaper taken off and searched? If a 71-year-old man sets off an airport metal detector because of his metal knee, does that justify pulling his pants off so that he's standing in his underwear in view of the public? Is a six-year-old girl a likely terrorist who a TSA worker can touch in ways that would be considered harassment in almost any other situation. Is it alright to touch areas of the body of former Miss America, Susie Castillo, in a way that makes her feel as if she was molested multiple times?
Apparently, the TSA would answer yes to each of those questions because every one of those incidents really happened. Are those examples of reasonable searches, or is the TSA abusing its power?
The federal government is also abusing its power. Just look at why the the bill did not pass out of the Texas legislature. The House passed the bill with a large majority. But when the bill reached the Senate, a US attorney threatened in a letter to the Texas Lieutenant Governor that if this bill passed into law, "TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew". In others words, all Texas airports would be shut down. I believe a threat like that is an abuse of power by the government.
Granted, I don't want terrorists to have free reign on airplanes to bring explosives and weapons aboard a plane, but invading a normal citizen's privacy of their body is not the answer. Also, the TSA's "enhanced pat-downs" are not even that effective.
The author of the bill, Representative David Simpson, is a prime example of someone who stands up for what he believes in, and I think that his courage should serve as an example for other legislators to follow. During the next session, I hope that this bill passes because it protects Texans from an infringement upon our Constitutional rights. As the late C.S.Lewis put it, "Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive."
To begin with, the TSA is technically not violating the 4th amendment due to the “9th Circuit Court of the United States ruling on the search of passengers in airports back in 1973, which effectively suspends limited aspects of the Fourth Amendment while undergoing airport security screening.” Even though a person may feel violated by the TSA, they are not violating the 4th amendment (as long as they follow all protocol).
ReplyDeleteThe examples you used were very compelling, but they weren't exactly viable. For starters, just because the woman was old, terminally ill, and wearing a diaper doesn't mean she couldn't be carrying a weapon or planning an attack. This goes for each example you made. Anyone that is planning to fly on a commercial airline should be aware of all airport policies, including TSA's passenger security 3-step process. If these people and/or the responsible guardians of these people had taken the time to read and understand all airport policies, they would have known what they were subject to if the metal detector went off or if there was a refusal to be searched. For instance, the “71-year-old man that set off an airport metal detector because of his metal knee.” He could have asked for a private search by a same sex officer, but apparently he did not. As for the “former Miss America,” she was probably just trying to get press by “playing the victim.”
I really don't think TSA or the federal government are abusing their power (at least not concerning this topic). I've already stated, in the 1st paragraph, why TSA is not abusing their power. Now I will explain why I think the Federal government is not abusing it's power. First of all, even though “the House passed the bill with a large majority,” doesn't mean it's a sure win in the Senate. That's the way politics work. Secondly, the so called “threat” wasn't a threat at all. If you had done your research you would have known that TSA can not allow anyone who refuses to go through ALL security checks to board the plane, therefore if House bill 1937 became a law it would “protect” citizens' privates from being touched, which would prevent TSA from being able to fully protect everyone that boards the plane. Ironic, don't you think?
You say you “don't want terrorists to have free reign on airplanes to bring explosives and weapons aboard a plane,” but then you say that TSA's “pat-downs” are invasions of a “normal citizen's privacy.” What are you calling a normal citizen? Are you claiming that all six year old girls are “normal citizens?” If so, you might want to think about all the country's that train children to use weapons and to be decoy children that set off bombs. Who's to say this isn't happening in America or that a child won't be sent from another country as a bomber? TSA is just trying to protect every single person that boards the plane. Last week a friend was stopped in the Denver airport because he had a few coffee mugs in his bag (they were souvenirs from his brother's new law firm). Apparently, the inside liner can be taken out and explosive materials can be put inside and resealed with only traces of residue. I never would have thought that was possible, but crazy people have actually tried to do this. We should all be thankful TSA does so much to ensure our safety, instead of trying to get rid of precautionary security.
To everyone, that wants to get rid of TSA's 3-step security process, you might want to get reconsider the alternative. If House bill 1937 gets passed there might be more and more incidents like the tragedy that happened on September 11th, 2001. These “pat-downs” are for the safety of America and every single person that gets on the plane. Do yourself a favor, America, read and understand all airline protocols and procedures before you chose to step foot in an airport. Following all procedures would help ensure a speedy check-in and a safe flight as well as your dignity and privacy.
**I had to take out a little bit and reformat for it to be accepted as a comment**
ReplyDeleteI totally agree with you that these searches are ineffective. I have traveled on an airplane every year and have seen these "pat-downs". There is no standard uniform searching procedure that the agent uses. I have seen agents using the back of their hands to quickly swipe down the side of a passenger. And I have seen some more thorough approaches where the agents went over a passenger's body multiple times. It seems to be that the method of searching is completely up to the TSA agent.
ReplyDeleteSince there is no clear standard procedure, many TSA agents can surely take advantage of their title and violate good citizens. For those who argue, ask yourself, "how it would feel if you were the woman that got thrown to the floor, or if your child was groped by an agent?" Surely, you would be offended also.
I enjoyed reading the blog by Christina Hastings author of Texas Outlook. She made many valid points and it was very well written. However, the TSA, and all the procedures that they have in place to protect us all, is an invaluable organization. So many people forget the tragedy of 911. If you have read my blog, you will know that I am very passionate about this subject. The people in Norway that were killed, or should I say the children that were killed, by these crazy terrorist types, have to be given the respect that they are entitled to. On September 11, so many innocent American civilians were senselessly murdered. It really bothers me that with the passing of each day, the lives of each one of these individuals fades into the past. If someone wants to pat me down in order to combat the tactics of Muslim extremists, I really don’t mind, it saves lives.
ReplyDeleteThere are so many individual cases where laws seem extreme or unjust, but they are there for a reason and the seed of the law had to germinate somewhere. In this case, the law begins with an unthinkable mass murder. We lost so many intelligent people who were contributing to our American society, and had their whole lives ahead of them. When people try to “split hairs” over the most trivial things, it is sad. Unfortunately, these are the times we live in today, and some of the brightest minds in the country are doing everything they can to ensure that a day like September 11, never happens again. Unlike many of the young college kids today, I am old enough to remember when September 11, was just a day in September.
So Texas Outlook, I admire your courage and strong stance on the powerful subject you have commented on.(link) I hate to admit it, but I truly believe our freedoms will be infringed on even more in the future, due to unfortunate events such as the recent events in Norway.