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(CNN)   Civil Libertarian reminds airlines of consitutional right to travel anonymously.   (cnn.com) divider line 172
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7391 clicks; posted to Main » on 19 Jul 2002 at 6:58 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2002-07-19 02:23:09 PM
Gilmore was prevented from flying by both UAL Corp.'s United Airlines and Southwest Airlines Co. on July 4, U.S. Independence Day, when he refused to produce ID or undergo extensive security screening, he told Reuters. As a result he hasn't flown since September 11 last year.

Don't know where this dumbass has been, but you've needed to show ID to get on a plane LONG before 9/11.
 
2002-07-19 02:27:17 PM
This is unbelievable. This guy should be laughed out of court. Since when is flying anywhere a right? By purchasing a ticket from a private carrier, you are implicitly agreeing to the rules associated with that ticket.

Worse than that, it is BS lawsuits like this that get the right wing all riled up and desensitizes people when our civil liberties really are taken away (TIPS etc.).
 
2002-07-19 02:30:56 PM
Yeah, we've all needed ID to take a shiat since long before Sept. 11, but he does have a point. I wouldn't call this frivolous. It's not going to change anything, but if you think about it all of that data tied together and we are indeed as good as having a camera following us around.
 
2002-07-19 02:43:40 PM
Do what the hijackers did--get fake ID, then buy tickets and travel using that fake ID. You'll get to travel virtually anonymously, since it's not your real name. Problem solved.

I would like to question this statement, though:
"After what our country has been through in the past few months, frivolous lawsuits such as this are ridiculous," she said.
Just what has our country been through in the last few months? Barely ten months ago, we collectively witnessed the most horrifying set of events of human destruction on American soil (putting aside any claims to the slaughter of the indigenous peoples). Since then, we have been very nervous and faced a lot of false alarms and mismanagement. One guy tried to set off a fuse to explode his shoes in a plane over the Atlantic. One guy shot killed some people in LAX. Otherwise, whatever trauma we have gone through is of our own making. The suspicions we may have have been heightened, perhaps planted, by the Attorney General. For what purpose? It mostly seems to stir up apprehension and fear, and "patriotic fervor" and/or a bunker/siege mentality.

Of course, I invite you to disagree. Nicely, please!
 
2002-07-19 03:00:56 PM
I agree Weaps. If all this personal data is linked together, people will be getting arrested at airports and labeled as terrorists (oh wait, that's unconstitional), just becuase they bought somehting "suspicious" at Wal-Mart last week. That's when we need to worry.
 
2002-07-19 04:25:16 PM
How can you not think this is frivilous? At most bars, you need to show ID to prove your age because of state drinkng laws. Is the state forcing you to present your ID? No, you do so voluntarily to be admitted to the establishment. You have every right to not show your ID to the bouncer, you just won't get in. Same deal here. You don't _have_ to show your ID at the airport, but you're not gonna fly if you don't. The government is not stopping you from travelling anonymously, you can drive there!

As for Commandant Asscrack, any man that, in this day and age, thinks calico cats are a sign of the devil does not need to have this type of power. He lost to a dead man in his home state for jebus sakes! The American people are not stupid, and we pretty much know from here on out that we are under some kind of a terrorist threat at all times. How about stopping the attacks instead of coming up with idiotic color coded charts and hysterical warnings? Besides issuing vague warnings and receiving billions of dollars, what has Uncle Tom Ridge and his "Homeland" protection squad actually done?
 
2002-07-19 05:33:11 PM
Desecrated I think this is not frivolous because it points out that what's happening is that we are increasingly turning into a "papers please" kind of country. Granted, it behooves us to know who are boarding large kerosene filled tubes of aluminum weighing tens of thousands of pounds that barrel through the air at 500+ MPH with the accompanying kinetic energy. But just because a bunch of people who still think we should all live in the 7th century don't like us, want to kill us, and have actually succeeded in killing a bunch of us doesn't mean that I now need to carry some sort of internal passport. Sure, it's absurd to think that anyone is going to board an airplane without identifying oneself, but sometimes it takes a statement like this to point out how stupid the people can get when they are so blindly terrified that they allow the government to pass laws that go completely against the grain of what this country (I'm talking about the US of course) is all about. Oh, and since I'm a pilot I CAN fly without showing ID. At least until the nice FAA man comes up and asks me for it. Then I'll show it to him. In the meantime I think that the "authorities" are getting a little too ID happy.
 
2002-07-19 06:00:35 PM
Desecrated, not that I necessarily agree with the suit, but I am curious under what provision of the Constitution the Federal government can justify requirement of the IDs. It is a government of enumerated powers, and if a power cannot fit (however broadly construed) among those specifically enumerated, the Tenth Amendment reserves those powers to the states (or to the people). Here's a link to the Constitution on the Library of Congress website.

Freedom of movement is well-established in this country, through a series of Supreme Court cases. I don't know whether that includes freedom of movement via common carriers (airlines, buses, trains)--we'll find out.

I don't think this is a well-settled area of law, like, for instance, the right of the federal government to levy a tax on income (Sixteenth Amendment). If it is not a settled area of law then, no matter how distasteful, it is not frivolous. (Besides, the First Amendment permits the people to "petition the government for a redress of grievances.")

This may be stretching the analogy, but when the NAACP brought its suit against the Topeka Board of Education, it was taking on a "well-settled" are of law, and was thus "frivolous"--the Supreme Court had spoken over 50 years earlier in Plessy v. Ferguson: separate but equal education is constitutional.

At this point, we don't know if this case is more like Brown v. Board of Education, or if it's more like God Juanita Grier v. Reagan (1986), when god of the universe claimed that Reagan, Carter, Ford, Nixon, and the citizens of the universe perpetrated crimes against her using an electronic eavesdropping device. The relief she requested included a mink coat, diamond jewelry, a 3-bedroom home, and a catered party in the Spectrum in Philadelphia. (Really! The citation is 1986 U.S. Dist. Lexis 27362.) Or maybe Gilmore is somewhere in between.
 
2002-07-19 06:11:46 PM
Weaps,
I agree with what you are saying about blindly following the gov, but I think you are making a pretty big jump. You said "...doesn't mean that I now need to carry some sort of internal passport." If someone was suggesting this, then I missed it. In my experience, airlines check your drivers license or international passport. They have done this since I can remember and WELL before 9/11. The authorities are a bit ID happy, but this instance does not constitute and illegal search and seizure because you provide the information voluntarily. I could understand if the government was requesting ID to limit basic freedom of movement i.e. checkpoints to get into your neighborhood etc. The government is not really violating anyone's rights by requiring airlines to check ID's.
 
2002-07-19 06:25:37 PM
Tex,
You'll school me on the law specifics, obviously, but my point was questioning whether there is any real grievance here at all. Of course you can petition the government for anything you want, but that doesn't necessarily mean there was any grievance there to begin with. I assume that is for the courts to decide. In any case, I think the reason, among many, that this will never fly is because nobody is required to ride on a plane. You voluntarily disclose certain info as a pre-condition to board. Your basic freedom of movement is not restricted because you can reach your destination by other means, just not the most convienient one.
 
2002-07-19 06:40:39 PM
Desecrated, your point is what I see as probably the weakest part of Gilmore's case: this is not the only means of interstate travel. I don't know if he'd be able to successfully analogize this point to that of interstate bus terminals in the 1960s (could get from state to state via planes, trains, and automobiles then also, but the stations were still ordered to desegregate).
 
2002-07-19 07:07:05 PM
You mean Dubya hasn't suspended the Constitution yet?

With Dubya, Congress, Asscroft, and 5 out of 9 Supreme Court justices pissing on the Constitution daily, I'm surprised you can walk across the street without a GPS microchip up your ass.
 
2002-07-19 07:07:56 PM
It is a cheese issue, not a race issue.
 
2002-07-19 07:07:58 PM


Mess with airline security, and you're plane with fire!!
 
2002-07-19 07:08:06 PM
Chalk one up for the Liberatarions!!

Libertarions: 1

Republicans: 0

Democrats:-$6,133,146,456,673.25

Yes, Clinton gave us 8 years of good times, but at what price?..... [/sarcasm]
 
2002-07-19 07:10:40 PM
"I'm surprised you can walk across the street without a GPS microchip up your ass."

If you put a GPS up someones ass they will inevitabily sh-it it out! Didn't you learn anything from Austin Powers II? (AWWWW GOD, Fat Bastard left a floater!)
 
2002-07-19 07:10:54 PM
I have the constitutional right not to have some asshat fly the plane I happen to be on into a building.
 
2002-07-19 07:13:31 PM
If the federal government was actually concerned with security they would stop the tidal wave of illegal aliens and oust the 8-13 million already here.

Do any of you other "elderly" recall the freedoms we had teo and more decades ago? Things HAVE changed and were doing so before the WTC affair.

Of course, teo decades ago there were MILLIONS less people flooding the landscape. Crowded = Big Brotherism; think about it.
 
2002-07-19 07:14:06 PM
texasskeptic:

you're analogies to the civil rights movement fail. we have no discrimination here. everyone is required to show id, not suspect classes of individuals.
 
2002-07-19 07:20:31 PM
K-jack, obviously you didn't understand the analogies. He used the analogies to show that the suit wasn't frivolous because this is not, as he put it, a "well-settled" area of the law.
 
G2V
2002-07-19 07:20:32 PM
While I'd hate to see us turn into a radical police state or whatever else, I don't view proving your age as being 'searched'
 
2002-07-19 07:22:18 PM
K-Jack: actually, people who look middle eastern are submitted to more searches and are searched more rigorously then people of any other ethnic backround these days.

It makes some sense, but discrimination it is.
 
2002-07-19 07:22:55 PM
If you put a GPS up someones ass they will inevitabily sh-it it out!

Depends on how far you put it up there.

Not that I would know or anything.
 
2002-07-19 07:23:53 PM
The right to anonymous travel remains. You are not required to "show your papers" when travelling. You can still cross the country in a car, boat, choo-choo train, or wagon train.

You are required to "show your papers" when getting onto a plane. Travelling by air is not a right. Is a service purchased from a private company.
 
2002-07-19 07:24:05 PM
I think the bigger point of this lawsuit is that the laws put in place need to be legal, notice the Freedom of information bit and the register.

Look at all the crap the RIAA and MPAA are doing in trying to destroy your legal Fair Use Rights. You have the legal right to buy a cd and make a copy of it for your own use. The RIAA tends to forget this. People like John Gilmore and the EFF try to remind them. Good for them.
 
2002-07-19 07:27:46 PM
Hey, it coulda been worse. The government could have agreed to that national ID card proposal made last year; then we start worrying. Thankfully, Bush and his advisors were smart enough to reject it.

Regarding Ashcroft...

Desecrated: He lost to a dead man in his home state for jebus sakes! The American people are not stupid...

If they're not stupid, why did they vote for a dead guy?! No, it wasn't to spite Ashcroft; it was because they felt sorry for him and let their emotions take over. Don't believe me? It's the same reason a lot of people are being "over-patriotic" in response to 9/11 without thinking about the consequences with regards to civil rights: they're feeling, but not thinking.

And regarding the regulations:

TexasSkeptic: I am curious under what provision of the Constitution the Federal government can justify requirement of the IDs.

I think it's the airline's rules, not the governments, and since they're a private company, this is allowed. See Desecrated's second post.
 
2002-07-19 07:28:57 PM
I admit I haven't read the post and I'm drunk but I thought you needed a passport anyway so that has all yu details on it
 
2002-07-19 07:29:01 PM
 
2002-07-19 07:31:05 PM
"They let you travel, state-to-state, without papers?"
"State-to-state."
"I think I would like to visit . . . Montana."
 
2002-07-19 07:33:04 PM
Desecrated May be you missed this part: ...The lawsuit alleges that the regulations restrict freedom of travel, permit intrusive searches without good cause and violate the Freedom of Information Act because they have not been published in the Federal Register..."


I say go him. He right. If the gov wants to every little thing then they need to spell exactly who, what, when, where, why and how out. That's why the CFR's exsist.
 
2002-07-19 07:34:19 PM
good luck, dOoD
 
2002-07-19 07:35:20 PM
One of the aspects of the lawsuit being overlooked is that the Airlines are unable to show people the mandate that requires IDs because it's not written down. According to the lawsuit, the FAA mandates have only been communicated orally and are not available to the public. Whether or not Americans should undergo search and seizure with no probable cause, the government should not be allowed to rule us with secret, unwritten laws.

I would suggest that people read the lawsuit for better information than this article.
 
2002-07-19 07:35:45 PM
Most of you Farkers don't remember it but there was a time when you never had to show ID for any transportation whether air, train or bus. Just bought a ticket and went. It was not that long ago.
Just remember that what you take for security whether pro or con, its doubtful the freedom of movement you once enjoyed or ever knew will ever be restored and there is probably a self serving bureaucracy in place in the name of security that will see that it doesn't.
 
2002-07-19 07:36:18 PM
VideoVader: ....The Web sites of the Federal Aviation Administration and the Transportation Security Administration both say photo ID is required to travel, according to the suit.
 
2002-07-19 07:42:53 PM
Desecrated, not that I necessarily agree with the suit, but I am curious under what provision of the Constitution the Federal government can justify requirement of the IDs. It is a government of enumerated powers, and if a power cannot fit (however broadly construed) among those specifically enumerated, the Tenth Amendment reserves those powers to the states (or to the people). Here's a link to the Constitution on the Library of Congress website.

The federal gov't definitely goes beyond any possible way to construe its enumerated powers at this point. Like it or not, the federal government is way more powerful than is constitutional. At this point it can basically get states to do anything. Someone should attack some government programs on the basis not of violation of some right (or fake right they whip up through strange combinations of the Amendments), but simply on the basis that the fed has no authority. Might shake things up a bit.
 
_
2002-07-19 07:43:15 PM
Not to prod TexasSceptic unduly, but are your comments so much more important than ours such that you must make them stand out by writing them in blue?

_
 
2002-07-19 07:45:15 PM
Doesn't everyone know by now that a good patriotic american always submits willingly to ID checks, searches, and microchip implantation. "Land of the free" means you're free to shut the hell up and enjoy that anal cavity search. Anyone who doth protest too much is obviously a terrorist loving commie homo pot smoker. Silly libertarians, don't you know that rights are only for the good white privileged christian americans?

And thank god the constitution is on the way out. It was only hampering our loving government's efforts to protect us and take care of us and wipe our collective asses, cause god forbid a man be allowed to WIPE HIS OWN ASS.
 
2002-07-19 07:48:15 PM
Desecrated:
How can you not think this is frivilous? At most bars, you need to show ID to prove your age because of state drinkng laws. Is the state forcing you to present your ID? No, you do so voluntarily to be admitted to the establishment. You have every right to not show your ID to the bouncer, you just won't get in.

Huh? The only reason you have to show ID to get into the bar is because of state law. You think that bars want to deny access to minors? Of course not. They have to keep kids out because if they get caught, there goes the liquor license.


This lawsuit makes sense because there is no similar law requiring (or allowing) airlines to check ID. Bars can check ID because there is a that law allows it. There is no similar law for airplane travel.

This country is becoming a totalitarian state. I hate having to go to the airport 2 hours early to make my flight. If a guy's a terrorist, he's going to use a fake ID; so what exactly is the purpose of having everyone show ID?
 
2002-07-19 07:48:32 PM
Plain and Simple:

Air travel is not a right. It is an optional mode of transportation. It is a luxury.
Don't need to discuss much...If you don't like the rules, then get on the bus, Gus.
Whether the Fed or the states control air travel is irrelevant. It is not a right.

The same goes for driving;It is not a right either. It may be important to you as an individual or it might even be a legitimate need.
But it is a luxury and a priviledge, and in order to drive legally you must agree to law. This includes passing tests and possesing at all times a valid driver's license. And if you don't like that...make a new plan, Stan. Hoof it.
 
2002-07-19 07:49:49 PM
Desecrated:
[b]"How can you not think this is frivilous? At most bars, you need to show ID to prove your age because of state drinkng laws. Is the state forcing you to present your ID? No, you do so voluntarily to be admitted to the establishment. You have every right to not show your ID to the bouncer, you just won't get in."[/b]

Huh? The only reason you have to show ID to get into the bar is because of state law. You think that bars want to deny access to minors? Of course not. They have to keep kids out because if they get caught, there goes the liquor license.


This lawsuit makes sense because there is no similar law requiring (or allowing) airlines to check ID. Bars can check ID because there is a that law allows it. There is no similar law for airplane travel.

This country is becoming a totalitarian state. I hate having to go to the airport 2 hours early to make my flight. If a guy's a terrorist, he's going to use a fake ID; so what exactly is the purpose of having everyone show ID?
 
2002-07-19 07:50:38 PM
grrrr....i always mess up html
 
2002-07-19 07:51:33 PM
Airlines remind civil libertarian of their right not to let him on their plane.
 
2002-07-19 07:53:13 PM
althought the airlines do require a peek at your id so do the folks admitting you to concorses in many airports. while this may initially seem like a saftey enhancing procedure, the concerns raised regarding the government breaking the rules (the constitution) are warranted. as was pointed out earlier in this discussion, the alleged 9/11 hi-jackers were carrying "id". so there is at least in part inference to an ulterior motive and obviously intention to maintain travel and other records. (regarding other instances requiring id check) i think that forcing a minimum drinking age and requiring that one prove his/her age to acquire alcohol is a ridiculous policy of the federal government. in order to force states to comply the feds have placed restrictions on the total $ a state will receive for road maintenance. so this is a very small group of individuals that have forced compliance for every state. furthermore, suggesting that the establishment you buy from is not the government so it's different is only partly true due to the fact that private companies that do not check id cards face stiff penalties and can even lose their right to sell alcohol. which when you consider most of the world's alcohol policies the us has one of the most extreme. hell, most countries have no age requirements for alcohol. but, hey, we live in the land of the "free" and apparently at quite a price.
 
2002-07-19 07:55:28 PM
Cclark: They are public carriers using public airways and roads, tracks and waterways under interstate Commerce. Don't be so eager to place these corporation's cocks in tour mouth. Know why, be watchful and concerned when giving away others freedom.
 
2002-07-19 07:55:48 PM
The best part of all..... John Ashcroft as defendant! Stick it to 'em!
 
2002-07-19 07:57:07 PM
Barisaxy: "Don't know where this dumbass has been, but you've needed to show ID to get on a plane LONG before 9/11."


You're a moron... that was mentioned in the article
 
2002-07-19 07:57:17 PM
In a more perfect world, the plaintiff in the lawsuit would win; in today's world, he does not stand a chance because the so-called federal justices are not true Justices of Law--they all are mere chancellors of non-constitutional, territorial courts, rather than true Constitutional, Judicial, Due-Process Courts of Law. In the true Courts of Law, the plaintiff would certainly win and the producing of a ticket alone would be enough to establish a right to board a plane, since a ticket is paid for in advance and in good faith.

There is not ONE court today that is a true Constitutional, Judicial, Due-Process Court of Law, NOT ONE. That is a fact. Today's courts are a far cry from true Courts of Law and far worse in terms of having one's basic Rights upheld; however, in today's phucked up world, a true Sui Juris has a snowball's chance in hell of having one's basic Rights to be upheld, like in this instant case.

Chances are that this "civil libertarian" is a US citizen, as such, he has no right to question the policies of the US government, which is, in truth, a corporation, not a true government. Read the unlawful 14th Amendment: a US citizen has no right to question the policies of the gummint; whereas, a true Sui Juris has the full rights and powers that are superior to any gummint agent because the Sui Juris is a superior political power-holder.

Today's world sucks.
 
2002-07-19 07:58:04 PM
It surprises me to say this, but these libertarians are right. And it makes me sad. One of the ideals our nation was founded on is the idea that we could freely travel anonymously and without harassment. But there really is no way for a person to travel these days without having to show someone working directly or by extension your 'papers'.

Tell me, how can I travel without having to carry ID on me? Airplanes, and now busses and trains require ID. Driving an automobile requires an ID. If you walk long distance, you may be required to show ID to prove you're not a 'transient'.

Personally, I really don't like that. IDs, social security numbers and the like can be faked. Honest citizens don't fake them, only criminals. These excessive security measures do nothing but make it slightly harder for terrorists but don't implicitly prevent them from doing their evil deeds, while it unconstitutionally harasses honest citizens.

It saddens me when I read people say 'oh it's a small price to pay for security and safety'. But we sit on a fine line with our government, and we have to remain constantly vigilant to ensure our government remains in its rightful position to protect us, not control us.

I like freedom, which is why I like living in America. I like the idea that I can do, go, think, and live how I want as long as I don't hurt anyone else. I like the fact that the police cannot harass me unless they have significant reason to suspect that I've actually done something wrong, and I have a right to ask them to state that reason.

But I don't like being a suspect just because I am living my life. I don't like to have somebody go through my possessions because they are afraid that I 'might' do something wrong, whether I'm getting on an airplane, going into a rock concert.

The situation on the airlines is terrible, because it comes from a perspective that everyone is suspect. I fly a lot, and I'd rather risk the very small chance that a criminal might get through and do something bad then have to live my life in fear of my government. This is because I'm an American, and a patriot.
 
2002-07-19 07:58:06 PM
Nanookanano
"Hunt for Red October".

Nice.

Hey, we should start a quote game.
 
2002-07-19 07:59:54 PM
Desecrated,
In response to your point about bars and IDs (belated, I know): the analogy between bars and airports is faulty. A bouncer might check your ID to see if you're of legal age in the state, but he does NOT compile a list of the names on the IDs he's checked, and then download the list to a Federal Bar Registry, to make sure that rowdy drunks don't get into bars.

And all this is just another example of how the Republican party embraces the concept of the free market, yet will integrate gov't and business in the most interesting ways when it sees fit.
 
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