Man Proves TSA Policies Are Unconstitutional

Man Proves TSA Policies Are Unconstitutional


Traveler bypasses body scanner and invasive pat down after near 3 hour debate with TSA supervisor, airport police



Paul Joseph Watson
Prison Planet.com
Tuesday, November 23, 2010

Blogger Matt Kernan was able to bypass both the naked body scanner and invasive TSA pat down procedures during his return to the United States this past weekend, proving that both measures are completely unconstitutional and creating a precedent for a total shake-up of airport security.

Kernan, who documents the case on his website, was returning from a trip to Europe and was perturbed to see TSA workers making Americans who had already cleared security in their airport of origin go through backscatter x-ray machines and be groped simply to re-enter their own country.

“You see, it is official TSA policy that people (both citizens and non-citizens alike) from international flights are screened as they enter the airport, despite the fact that they have already flown,” writes Kernan. “Even before the new controversial security measures were put in place, I found this practice annoying. But now, as I looked past the 25 people waiting to get into their own country, I saw it: the dreaded Backscatter imaging machine.”

Having seen the plethora of cases in recent weeks of TSA thugs abusing and humiliating women and children, Kernan, who had no connecting flight and time to kill, decided to take a stand.

So begins Kernan’s description of his 2 and a half hour debate with TSA officials and airport police after he refused to go through the naked scanner or be groped.

After TSA workers laughed at Kernan for opting out of the radiation scanner, he politely informed them that if they touched his genitals he would consider it an assault.

With TSA officials repeating “policy” like a broken record, Kernan stated, “I am aware that it is policy, but I disagree with the policy, and I think that it is unconstitutional. As a U.S. citizen, I have the right to move freely within my country as long as I can demonstrate proof of citizenship and have demonstrated no reasonable cause to be detained.”

Soon after the TSA Supervisor, a Delta Airlines manager and the airport police were called and Kernan informed them that he was recording the audio of the exchange on his iPhone.

“I will not do anything that is not explicitly stated on recording as mandatory,” Kernan told them, as the police suggested they conduct the pat down instead of the TSA. However, the cops were forced to back down when they refused to state on record that Kernan would have to have his genitals touched in order to be free to go.

After a disagreement between the police and the TSA about who had jurisdiction to arrest Kernan, the police began to get frustrated with the TSA Supervisor for pawning off the responsibility on them. At this point, the Supervisor tried to involve the “Federal Security Director,” who was told that Kernan was being polite and citing his constitutional rights.

After more deliberation, Kernan was eventually escorted out of the airport without having to go through a naked body scanner or have his genitals groped.

“And then came the most ridiculous scene of which I’ve ever been a part. I gather my things – jacket, scarf, hat, briefcase, chocolates. We walk over to the staff entrance and he scans his badge to let me through. We walk down the long hallway that led back to the baggage claim area. We skip the escalators and moving walkways. As we walk, there are TSA officials stationed at apparent checkpoints along the route. As we pass them, they form part of the circle that is around me. By the end of the walk, I count 13 TSA officials and 2 uniformed police officers forming a circle around me. We reach the baggage claim area, and everyone stops at the orange line. The Supervisor grunts, “Have a nice day,” and leaves.”

By simply remaining calm and polite while citing his constitutional rights, Kernan proved that, despite the best efforts of the TSA to intimidate people into submission by threatening $11,000 fines, it is not illegal to refuse to be put through a radiation scanner or be groped by TSA workers.

Kernan proved that the whole procedure is unconstitutional and a violation of rights, and after acknowledging this fact, TSA officials and the airport police had no other choice but to let him go free.

Tomorrow’s national op-out day provides the opportunity for thousands more Americans to follow in Kernan’s footsteps and permanently put to rest the notion that violating TSA “policy” is a criminal act, when in fact the policy in itself is a violation of constitutional rights and therefore completely illegal.