From Wendy Thomson, one of our writers here at TSA News and one of the founders of Freedom to Travel USA (FTTUSA), comes this update:
FREEDOM TO TRAVEL USA filed an Amicus Brief in Jon Corbett’s case (http://tsaoutofourpants.wordpress.com/2014/10/30/petition-for-full-eleventh-circuit-to-hear-tsa-nude-body-scanner-case-filed/ ) against the TSA. Our main concern is that the Appeals Court made some comments on the constitutionality of nude body scanners and criminal touching pat downs. They did this with absolutely NO DUE PROCESS as there has not been any reasonable opportunity for Jon to present facts – the entire record is a one-sided, self-serving presentation by the TSA.
Quite simply, we have learned that there is no opportunity in America to have a fair trial or due process for one’s constitutional rights, as the courts are protecting the TSA bureaucracy. It is unconscionable.
The good news is that we have a fantastic lawyer: Emily Adams (http://adamslegalllc.com/). Our full brief will be on our website, but the 3 main points are:
- The panel improperly decided the constitutionality of intrusive body searches affecting millions of Americans based solely on a one-sided agency record, in conflict with Porter v. Califano;
- The panel improperly decided the facial validity of a search policy under the Fourth Amendment, in conflict with Sibron v. New York;
- The panel unnecessarily decided constitutional matters of great national significance, in conflict with the strict rule of constitutional avoidance.
We would like to thank the following people who contributed funds to assist in paying for our legal brief:
Victoria H, Kurt H, Rhonda F, Patricia A, Katharine C, Nicholas C, Barry S, Chris B, Brian B, Betty B, Susan B, Andre K, Lee W, Michael L, Robert S, Diane S, and Russell N .
Your donations are VERY IMPORTANT to preserving our rights and to challenging the TSA’s egregious behaviour, especially towards the medically challenged.