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My guess is you can claim 4th amendment and say it's going too far but you also don't have the right to fly on an airplane. Hence the author above is probably right, this will be tossed. If you want to fly you do what TSA says.
That said, I don't like those machines and I think you could get the ATA, unions, passenger rights advocates and others to come together to fight the machines as being dangerous and causing passengers undue stress and make it a health and financial issue. Public pressure is as good as anything a court can accomplish.
I think the key is to cite the radiation issue. That'll kill it long before a court even hears it.
Agreed. Look at the hit to the economy without the air transportation system. If all the groups came together to fight this instead of being the submissive baby, it might change. The problem is that the government has purchased hundreds of these units and now we want to mothball them. (I know, it wont be the first or last waste of our tax dollars)Originally Posted by forgot to bid
The [Rutherford] Institute will represent Roberts [expressjet pilot] and assist him in his claim that the TSA’s use of full-body scanning technology as a primary security scan violates the Fourth Amendment prohibition on unreasonable searches and seizures spelled out in the U.S. Constitution. This case will probably be thrown out under some sort of anti-terrorism mandate. Nevertheless, we applaud Roberts and the Rutherford Institute for standing up to what should be freedom from unlawful search and seizure. Full body scans are simply going too far.My guess is you can claim 4th amendment and say it's going too far but you also don't have the right to fly on an airplane. Hence the author above is probably right, this will be tossed. If you want to fly you do what TSA says.
That said, I don't like those machines and I think you could get the ATA, unions, passenger rights advocates and others to come together to fight the machines as being dangerous and causing passengers undue stress and make it a health and financial issue. Public pressure is as good as anything a court can accomplish.
I think the key is to cite the radiation issue. That'll kill it long before a court even hears it.