TSA Screeners, known officially as TSOs, literally are committing a crime when they randomly scan or search you. There are several reasons why this is so:
Just Obeying Orders
I have rapidly tired of Liberals, especially Neocons, claiming we should sympathize with the Transportation Security Officers (screeners), because (yes, real quote) “they are just obeying orders“.
Has our socialized education system so failed that nobody remembers when, in the Nuremberg war crime trials, people who said “we were just obeying orders” were executed?
Anything for a Job
“They have to do it, or they will get fired!”
If you take a job as a private delivery man, and then discover that your employer is using you for drug running, the government would require that you refuse, even if you will get fired.
Doing something that is criminal is not OK just because you want your job. Not even if your employer is the government.
Porn-and-Grope is Illegal
“But it’s a law”.
No, it is NOT a law. It is a REGULATION. Regulations are not laws. To even treat them like laws is unconstitutional.
But even if it were passed by congress as a law, it would not be real:
An unconstitutional act is not law;
it confers no rights;
it imposes no duties;
affords no protection;
it creates no office;
it is in legal contemplation,
as inoperative as though it had never been passed.
-Norton vs. Shelby County, 118 US 425 p.442
Because 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 no validity.
It is imposed only by threat of force, as any organized crime syndicate can do. When a government official violates the Constitution, he is nothing but a mobster, and has no more legitimate power or bearing on you than Al Capone’s hired muscle.
What’s more, it is literally illegal to randomly feel you up, in most cities with airports. Some actually are promising to arrest TSOs who try, if you call the police.
These TSOs are committing a crime each time they randomly search you. No constitutional law, or even regulation, supplies them with the power to search anyone without probable cause.
If the rule was that people behaving suspiciously, or otherwise giving cause to be suspected, had to be searched that would be legitimate. These random searches are not.
And anyone who engages in them is a criminal.
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.