Comment by 542354234235
1 day ago
You are free to leave. You aren't free to go wherever you want. You aren't free to go into the employee areas, or out onto the runway. If you don't clear security, you aren't allowed in the secure portion of the airport. Not allowing entry into an area is not "detaining you from moving forward".
If the government is requiring the property owner to submit to TSA, that's a public act and not a private one, which means it is bound by the bill of rights and most importantly the 4th 5th and maybe even 6th amendment. The government cannot punish you for exercising your rights by refusing you to move forward into the private place you could otherwise lawfully go. If you can't go to the employee area, that's because certain individuals are trespassed from going there from the private owner, not because the government is forcing it. If you can't go to the boarding area, because of the TSA by public act strong arming the property owner, that is not an act of the private owner, and if it's done because you refuse to answer questions it is a violation of your rights.
The ruse here is to pretend like the property owner is agreeing with TSA because TSA forced them to this agreement by government act. But that is just the government trying to have their cake and eat it by forcing someone to do something and then pretending it is a private act which isn't bound to the constitutional right to not have to answer additional questions.
What are you talking about?
The government can absolutely pass laws prohibiting you from entering a privately owned location. There is no constitutional right of access to private property.
And more specifically, the commerce clause of the constitution allows the government to regulate air travel, which means regulating airports. The fact that they're privately owned doesn't change anything. If a private airport owner allowed you to proceed through security, they'd be breaking the law.
There's no public access doctrine for airports the way there is for streets or parks.
You clear seem to wish it was otherwise. But it's easy to do the research to understand where the authority comes from and why it's entirely constitutional.
Constitutional right of access, which as you say doesn't exist, isn't the same as allowing access but conditioning it upon you relinquishing your bill of rights.
If the difference between access and not having access is relinquishing your civil rights, then the reason for denial is exercising your civil rights. Those are explicitly protected. So while you're right they could make a law that says 'no one on the plane' they cannot make a law that says "everyone on the plane except those who won't give up their 4th or 5th amendment rights not to answer additional questions."
There have been prior SCOTUS cases narrowly allowing asking name, DOB, addresses, as well as inspection of your items during certain inspections, but this is something entirely different beyond that asking further probing questions about your identity.
And that brings us back to the tagline of the article:
The TSA is violating the law, and the constitution, and making it up as they go.
Just wait until you find out how the feds enacted the 55mph speed limit or are using the threat of revoking Medicare funding for hospitals that perform certain medical procedures that the feds would like to have not happen...