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Secret regulations applied to everybodyWhen did we become a nation of secret
regulations?
This is not a spoof. This is for real.
A federal appeals court Thursday rejected the constitutional arguments of a Bay Area tech millionaire who had refused to show identification or undergo an especially rigorous search before boarding an airplane. John Gilmore of San Francisco declined to show ID or submit to a more intense search than other passengers when trying to board a Southwest Airlines flight July 4, 2002, from Oakland International Airport to Washington, D.C. When barred from the flight, he tried to take a United Airlines flight the same day from San Francisco International Airport, with the same result. The regulation requiring ID at airports is deemed "Sensitive Security Information," the government contends, so Gilmore has never been able to see a copy. His lawsuit claimed the government's refusal to disclose its identification policy's content means the policy is vague and violates his constitutional right to due process of law. And by being kept off his flight, he claimed, the government and the two airlines violated his rights to travel, be free from unreasonable searches and seizures, freely associate and petition the government for redress of grievances. But 9th U.S. Circuit Court of Appeals Judge Richard Paez, writing for himself and circuit judges Stephen Trott and Thomas Nelson, ruled the identification policy imposes no criminal sanctions on those who do not comply; it just keeps them from boarding commercial flights. That, plus the facts that potential passengers are well-informed of the policy and that it is applied equally to everyone, negates Gilmore's due-process claim, Paez wrote. Think about that. You are not allowed to see the regulation, but you are well informed of the policy. How in the world did we get to this point? Hat tip to The Liberator. 
Posted: Thu - February 2, 2006 at 04:56 PM
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 Pagan Vigil
Pagan philosopher, libertarian, and part-time trouble maker, NeoWayland watches for threats to individual freedom or personal responsiblity. There's more to life than just black and white, using only extremes just increases the problems.  My Thinking Blogger Nominees
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