A parent or guardian of a child does not have the right to allow anyone to touch a child’s private parts, unless it’s for the child’s benefit such as during a medical exam. This is because such touching is recognized as harmful. All states have passed laws against it. Children themselves are not even allowed to give consent for such acts. If I don’t have the right to commit an illegal act (harm my child), I don’t have the right to allow someone else to do it; I cannot give consent, direct or implied.
You should protect your children from the TSA because it causes them harm. Men and women complain that they feel violated; could a child feel any less? And will it leave permanent scars? If the TSA doesn’t let you and your child fly, your only recourse is to file a complaint and sue (it’s a civic duty) for violation of your child’s rights to safety and travel.
We must continue to put pressure on the theory that the TSA can do anything it wants to us, even harm us in order to “protect” us. Otherwise, proctology exams and Taser bracelets are in our future.
When our country was founded, the choice between freedom and protection was made in favor of freedom and secured by the Fourth Amendment. But the courts made a “special needs” exception for airline security.
As one court said, however, “the degree of community resentment aroused by particular practices is clearly relevant to an assessment of the intrusion.” Moreover, the “manner” in which the frisk is “conducted is a vital part of the inquiry.” United States v. Lopez, 328 F. Supp. 1077, 1094 (1971).
Judging by the amount of evidence on YouTube, in blogs, on TV, and in newspapers showing the abuse the TSA is perpetrating, the courts did a bad job determining what was an acceptable level of intrusion at airports. And community resentment of groping plays an important role in determining what type of search is allowable.
We need to make it clear to the courts that groping of children or adults is not acceptable, which is why we (that means you) need to hammer the courts with lawsuits until they change the practice.
Filing a lawsuit is, of course, expensive. If you can’t afford the time and cost, at least you can file a complaint with the District Attorney in the airport’s county. For those who do have the resources to go all the way, you now have a legal theory.
I think it’s important to protect our children at airports, and while we’re at it, to redefine the level of intrusion we’re willing to accept. I provide more information on how to deal with the TSA, as well as how to disobey unjust laws, at my website.