But Now You Know

The search for truth in human action

Why the TSA Screenings are Unconstitutional


It's not that the image shows your genitals to leering strangers that makes it obscene, but its violation of your 4th amendment protection against random searches

The 4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Your prudism about being ogled by minimum wage goons who share pics and stories of your genitals with each other and post them on the Internet is not the biggest reason why the nude scanners and crotch gropings cannot be allowed.

It’s that they also violate your Constitutional rights. And that kind of violation, you must never tolerate.

The Fourth Amendment secures not only our external property, but especially our bodies against unreasonable search and seizure.

By “reasonable” the amendment says it means “with probable cause”, and this means government agents must suspect you, personally, of a crime or else they are not allowed to search you, no matter what.

The police are not legally allowed to search random the houses on your block, just in case they might find something illegal, and even the most law-abiding of us is glad our privacy is protected this way. And they cannot, for the same reason, search all people passing through the gates at the airport, just in case they might find something illegal.

Appeal to Cowardice

Big Brotherment tries to justify this violation of the Bill of Rights with Appeal to Cowardice:

“But aren’t you willing to put up with a little inconvenience, to be safer?”

But real Americans aren’t cowards. Even if the violation of your body were improving safety — and in real life, it does NOTHING for your safety — it would not be a tolerable reason.

The government could judge who seemed a threat, and search those people. That would be “probable cause”, valid under the Constitution.

Searching people at random, instead, violates the Bill of Rights, and helps the actually-suspicious people get through the line. If the searches could actually stop terrorists, the random nature of the searches keep that from happening.

They who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither liberty nor safety.
— Ben Franklin

Nobody honest, not even on the pro-TSA side, denies that these random searches violate the fourth amendment…they just claim that you should surrender this Essential Liberty, to try to gain a little temporary safety.

But real Americans aren’t cowards. This expansion of the Police State ends, here and now.

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November 18, 2010 - Posted by | Family, International, liberty, Politics, Society | , , , , , , , , , , , , , , , , , , ,

5 Comments »

  1. [...] it violates the 4th amendment, part of the Bill of Rights, any rule requiring a random search is not a real rule at all. It has [...]

    Pingback by Those TSA Screeners Are Criminals « But Now You Know | November 24, 2010 | Reply

  2. That image is from a stock photo agency (F1online): http://www.f1online.de/premid/000518000/518430.jpg

    She’s a nude model.

    Comment by Nix | November 18, 2010 | Reply

    • OK, that’s what I needed. Apparently someone was scamming even the major media with this pic.

      It’s been replaced by a much less pleasant, but equally obscene, actual security scan.

      Comment by kazvorpal | November 19, 2010 | Reply

  3. I’m against this insanity, but you don’t improve your case with a known faked image. It was debunked sometime last week.

    Comment by Eric | November 18, 2010 | Reply

    • Show me a link to this supposed debunking. It’s simply a TSA scan with the color inverted, something any TSA goon could do with a forty dollar digital camera.

      Comment by kazvorpal | November 18, 2010 | Reply


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