4 ms·

Exactly right. The constitution declares that due process is a right, and in my (IANAL) mind, this is a violation: "you can't travel because you bought an off-b

Exactly right. The constitution declares that due process is a right, and in my (IANAL) mind, this is a violation: "you can't travel because you bought an off-brand bag" (a trademark issue!). The reality is that the real harm to this individual is small, and the normal individual has an outsized cost to fight this injustice. The unfortunate consequence: more erosion of rights at the margin. Not to be hyperbolic, but it really is just one more microstep along the slope toward fascism. We laugh at them when online videos surface, but the people who are willing to inconvenience themselves in order to peacefully oppose these kinds of actions are everyday heroes.

jessriedel 9y ago
> "you can't travel because you bought an off-brand bag" Denial of Global Entry status is not a prohibition against air travel. It means you don't get expedited screening.
- Arainach 9y ago
  Making things excessively difficult/painful without technically banning them has been found unconstitutional plenty of times as well: https://www.nytimes.com/2016/06/28/us/supreme-court-texas-abortion.html https://www.nytimes.com/2016/06/28/us/supreme-court-texas-ab... We may not be quite at that point with air travel yet, but each year the TSA finds new and innovative ways to slow down the process and increase all-around misery.
  - simonh 9y ago
    Ok, but that would apply to any traveller, not just ones that have been flagged.
    - syshum 9y ago
      Exactly, Personally I believe the "Trusted Traveler" program should be unconstitutional on is face, every citizen should be a "trust traveler" until such time the government as a clear and articulable reason to consider them a safety risk, at which point it should enter into some kind of Administrative or Court process where I person can defend themselves against set accusations Treating everyone as a Terrorist, then "clearing" some people that choose to pay the government money, and go through their privacy invading process should be Unconstitutional and abhorrent to all free people
      - intopieces 9y ago
        The typical screening does not treat everyone as a terrorist. After all, the US has a no-fly list. That list, of course, comes with its own host of issues, but let’s be more precise. Airport screening sucks and is theater. Global Entry is extortion. No doubt. But current screening measures are not unconstitutional.
        syshum 9y ago
        Using high Intensity EM Waves to peer under my clothes, invasive pat Downs, Making me remove Clothing, limiting my ability to carry liquids, and about 100 other policies feels like I am being treated like a Terrorist or Safety Risk or Criminal. Certainly does not feel like I am treated with Respect, Dignity, and civility that a Free Society should offer its inhabitants as they peacefully travel from point a to point b I shutter to think what you believe would be unacceptable or "being treated like a terrorist" >>>> But current screening measures are not unconstitutional. Only if you skip over and do not read the 1st, 2nd, 4th, 5th, 9th , 10th, 14th Amendments, and Article 1 Section 8
        JumpCrisscross 9y ago
        > high Intensity EM Waves You mean non-ionising radiation?
        syshum 9y ago
        Not sure why you believe that distinction matters, the fact that is not harmful is irrelevant to my statement. I am more concerned about the Privacy implications, and the precedent it sets than I am health effects The Government going through my underwear drawer does not physically harm me that does not mean I want to consent or be forced to allow them to search it.
        wfo 9y ago
        >But current screening measures are not unconstitutional. That really depends on what nine partisans in fancy robes think, a group whose makeup changes over time and who can change their minds. I think what GP was getting at is that it seems so fundamentally unjust that it should be unconstitutional (which is what anyone who is not a constitutional law scholar means when they say unconstitutional), not a claim about legal opinions of powerful judges.
- jdonaldson 9y ago
  In my mind expedited screening is sufficient for everyone. In general, I dislike the idea of creating a privileged class of citizen. Dangling global entry status, or revoking it arbitrarily issue one more way a government can inconvenience or threaten people they dislike.
- staplers 9y ago
  So, the same rights as many minorities when travelling..
- stmfreak 9y ago
  And yet the MSM and politicians repeatedly suggest using the TSA's no-fly list to deny people their 2nd amendment right to weaponry.
- csomar 9y ago
  For now.

jessriedel 9y ago

> "you can't travel because you bought an off-brand bag" Denial of Global Entry status is not a prohibition against air travel. It means you don't get expedited screening.

Arainach 9y ago
Making things excessively difficult/painful without technically banning them has been found unconstitutional plenty of times as well: https://www.nytimes.com/2016/06/28/us/supreme-court-texas-abortion.html https://www.nytimes.com/2016/06/28/us/supreme-court-texas-ab... We may not be quite at that point with air travel yet, but each year the TSA finds new and innovative ways to slow down the process and increase all-around misery.
- simonh 9y ago
  Ok, but that would apply to any traveller, not just ones that have been flagged.
  - syshum 9y ago
    Exactly, Personally I believe the "Trusted Traveler" program should be unconstitutional on is face, every citizen should be a "trust traveler" until such time the government as a clear and articulable reason to consider them a safety risk, at which point it should enter into some kind of Administrative or Court process where I person can defend themselves against set accusations Treating everyone as a Terrorist, then "clearing" some people that choose to pay the government money, and go through their privacy invading process should be Unconstitutional and abhorrent to all free people
    - intopieces 9y ago
      The typical screening does not treat everyone as a terrorist. After all, the US has a no-fly list. That list, of course, comes with its own host of issues, but let’s be more precise. Airport screening sucks and is theater. Global Entry is extortion. No doubt. But current screening measures are not unconstitutional.
      - syshum 9y ago
        Using high Intensity EM Waves to peer under my clothes, invasive pat Downs, Making me remove Clothing, limiting my ability to carry liquids, and about 100 other policies feels like I am being treated like a Terrorist or Safety Risk or Criminal. Certainly does not feel like I am treated with Respect, Dignity, and civility that a Free Society should offer its inhabitants as they peacefully travel from point a to point b I shutter to think what you believe would be unacceptable or "being treated like a terrorist" >>>> But current screening measures are not unconstitutional. Only if you skip over and do not read the 1st, 2nd, 4th, 5th, 9th , 10th, 14th Amendments, and Article 1 Section 8
        JumpCrisscross 9y ago
        > high Intensity EM Waves You mean non-ionising radiation?
        syshum 9y ago
        Not sure why you believe that distinction matters, the fact that is not harmful is irrelevant to my statement. I am more concerned about the Privacy implications, and the precedent it sets than I am health effects The Government going through my underwear drawer does not physically harm me that does not mean I want to consent or be forced to allow them to search it.
      - wfo 9y ago
        >But current screening measures are not unconstitutional. That really depends on what nine partisans in fancy robes think, a group whose makeup changes over time and who can change their minds. I think what GP was getting at is that it seems so fundamentally unjust that it should be unconstitutional (which is what anyone who is not a constitutional law scholar means when they say unconstitutional), not a claim about legal opinions of powerful judges.
jdonaldson 9y ago
In my mind expedited screening is sufficient for everyone. In general, I dislike the idea of creating a privileged class of citizen. Dangling global entry status, or revoking it arbitrarily issue one more way a government can inconvenience or threaten people they dislike.
staplers 9y ago
So, the same rights as many minorities when travelling..
stmfreak 9y ago
And yet the MSM and politicians repeatedly suggest using the TSA's no-fly list to deny people their 2nd amendment right to weaponry.
csomar 9y ago
For now.