Writing on Toiletry Bags, An ACLU Perspective

After posting about the guy who was detained and questioned in Milwaukee's airport for writing on his toiletry bag that Transportation Security Administration's head honcho Kip Hawley is an idiot, I went back to read a little further into the 16 or pages of comments in the FlyerTalk forums. There I noticed that Barry Steinhardt, who heads up the ACLU's Liberty and Technology program, had posted a message asking the original poster to contact him (so too did one Leslie Miller of the Associated Press).

I called Steinhardt to see what he thought of the incident:

If what he said happened to him happened to him, then clearly his First Amendment rights were violated. He has a right to have any message he wants, certainly a political message -- which this was, on his baggage.

Beyond that of course, its yet another sad commentary on the silliness of security in the U.S. Surely the TSA screeners had something better to do than hassle people who make political statements.

Steinhardt said he hadn't spoken to the poster directly and couldn't say if he was inclined to sue on his behalf. Steinhardt emphasized that while the individual wasn't arrested, he was detained, which -- presumably -- would be grounds enough for a lawsuit.

This will be yet another test if TSA and DHS grievance procedures really have any meaning. At minimum, this guy is owed an apology and the screeners need to be instructed that political messages are not the grounds on which you detain someone. He was detained, if his story is correct.

I'll get you official word from the TSA on the incident and their policy on political statements on your luggage and carry-on as soon as they get back to me.

Photo: ACLU