Guy's Fight With The TSA Over 'Magic-Marker Protest' Will Likely Go To Trial

Aaron TobeyGovernment photo of Aaron Tobey after he was detained at Richmond International Airport on Dec. 30, 2011.

Photo: Wired

A young Virginia man who says the TSA wrongfully detained him for writing part of the Fourth Amendment on his chest in magic marker will probably get his day in court, Wired reports.Aaron Tobey claims in his lawsuit that the TSA at Richmond International Airport unlawfully detained and handcuffed him for 90 minutes after he disrobed and revealed the Constitutional protest against airport security measures.

TSA agents allegedly called the police, who charged him with a misdemeanour. His suit claims the TSA violated his civil liberties and seeks $250,000 in damages.

The 4th U.S. Circuit Court of Appeals ruled 2-1 in Tobey’s favour on Friday, finding he had presented enough evidence to move forward with his claim that the government violated his right to free speech.

In doing so, the appeals court denied the TSA’s attempt to dismiss the suit, meaning the case will likely head to a jury.

In his opinion, Judge Roger Gregory ruled that the First Amendment protects “peaceful nondisruptive speech” that “cannot be suppressed solely because the government disagrees with it.”

Read more analysis at Wired >

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