Friday, July 22, 2011

Retrospective: The Flying Imams

Many people remember the story of the Flying Imams -- a group of Imams who were removed from a US Airways flight due to suspicious behavior and who then sued everyone involved.

Fewer are probably aware, that in the end, the Imams won:

http://www.weeklystandard.com/Content/Public/Articles/000/000/017/148tyfxg.asp?page=2

One of the judge's statements from the decision is interesting:

"But when a law enforcement officer exercises the power of the Sovereign over its citizens, she or he has a responsibility to operate within the bounds of the Constitution and cannot raise the specter of 9/11 as an absolute exception to that responsibility."

That being the case, can one then assume that TSA agents must also, therefore, operate within the bounds of the Constitution and cannot use the specter of 9/11 as an absolute exception to the responsibility to respect my Fourth Amendment rights?


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