Court Rules TSA ‘Above the Law’, Can’t Be Sued

TSA agents often act as if they’re above the laws of human decency. Well, their ego is about to get a lot bigger, because an appeals court has decided that they’re above the laws of the United States as well.

A First and Fourth Amendment lawsuit filed against a TSA agent and a handful of Philadelphia police officers has reached the 3rd Circuit Court of Appeals. Unfortunately, the court has decided the work TSA agents do, however incompetently, is too important to be in any way stifled by the threat of First Amendment lawsuits. [h/t Brad Heath]

Roger Vanderklok was attempting to fly from Philadelphia to Miami to participate in a half-marathon. He packed his heart monitor and watch inside something certain to be flagged by TSA agents 5-7% of the time: a PVC pipe with both ends taped shut.

In this case, a TSA employee did flag the “device” and had some questions about Vanderklok’s PVC-and-wires package. Agent Charles Kieser engaged in a conversation with Vanderklok about the pipe, ultimately resulting in the TSA employee having Vanderklok arrested for threatening to smuggle a bomb onto a plane.

[…]

After a long discussion of the underlying issues and precedent, the Appeals Court arrives at the conclusion Agent Kieser can’t be sued for violating Vanderklok’s First Amendment rights with a retaliatory arrest. More unfortunately, the court decides to take a stance of this issue, setting precedent for all other cases to arise in its jurisdiction.

[A]s the role of the TSA has become prevalent in the lives of the traveling populace, disputes involving airport screening personnel may come up with some frequency, and the existence of a Bivens action for First Amendment retaliation is no longer something that we should assume without deciding. Today we hold that Bivens does not afford a remedy against airport security screeners who allegedly retaliate against a traveler who exercises First Amendment rights.

This leaves Bivens exactly where it was when it was decided: limited to Fourth, Fifth, and Eighth Amendment claims. The First Amendment isn’t going to be allowed to join this small party. It also notes that its decision leaves people like Vanderklok somewhat screwed. The United States can substitute itself for certain federal employees facing lawsuits, rendering the litigation pointless by claiming sovereign immunity. Whether or not the government chooses to intercede in this case is irrelevant.

Have fun going to the airport now. If the TSA didn’t care about you before, they certainly won’t care now. They act like no one matters but them — and now the justice system is supporting that mentality with law.

Source: Tech Dirt