What Are My Rights At The TSA Checkpoint?

tsacheckpointGoing through airport security manned by the TSA is an unpleasant at best, panic-inducing at worst experience, and it definitely helps to know what to expect and what you can do to ensure that you are harassed as little as possible.  The TSA is absolutely horrible at informing travelers as to the procedures they will face (often times declaring that they are “sensitive security information” and therefore cannot be published) and those working the checkpoints often misrepresent the rights and responsibilities of travelers (sometimes to be intentionally difficult, but generally because they were poorly trained).

So, here’s what every traveler should know before they collect their boarding pass at a U.S. airport:

  1. You have the right to opt-out of the body scanners and request a pat-down.  Unless your boarding pass indicates that you are subject to heightened security, which will be denoted by four S’s in big bold letters, you may simply tell the person running the body scanner that you “opt out.”  Try to keep a close eye on your belongings while they find someone to pat you down.
  2. You have the right to take pictures, video, and audio recording.  It can be comforting to many to know that they may document their interaction, especially if it looks like there’s going to be a problem.  You can take pictures, video, and audio recordings of the entire screening process with the following two exceptions: a) you can’t take pictures or videos of the x-ray monitors, and b) you can’t hold your belongings (including a camera) while you’re walking through the body scanner or metal detector, or while receiving a pat-down, but you can have a travel companion who has already been cleared do so on your behalf.  If the TSA ever denies you the ability to record your interaction other than for those two exceptions, please contact me.
  3. You have the right to request the TSA’s video of your experience!  Video from security cameras is almost always a public record covered by the federal Freedom of Information Act or similar state laws.  Generally, the video is in the possession of the local airport authority, so your request should be made to them, but I highly suggest sending simultaneous requests to both the TSA and the airport.  How?  Read about submitting FOIA requests to the TSA.
  4. You have the right to carry medicinal liquids as a carry-on, even if they are over 3 ounces.  Any liquid that you need for a medical purpose must be permitted through the checkpoint.  It does not have to be a prescription, and you do not need a doctor’s note.  If you have diabetes, you can easily justify a bottle of Gatorade.  If you have a baby, you may bring breast milk.  You also need not detail your condition for the TSA; simply take the items out of your bag to be separately screened and let the screener know that the items are medical liquids.
  5. You have the right to fly without ID.  If you forget, or lose, your ID, you may still travel.  They will simply verify your identity by calling in your information.  Leave extra time for the process, but fear not.  Note that if you can, but simply refuse to, show ID, the TSA’s policy is to refuse to screen you, although that policy does not exactly square with court rulings.
  6. You have the right to speak to a supervisor.  Blue-shirted TSA screeners come in 4 varieties, represented by 0 through 3 stripes on their shoulders.  0 = trainee, 1 = Transportation Security Officer (TSO), 2 = Lead TSO, 3 = Supervisory TSO.  If you have a problem and the person with whom you are speaking has less than 3 stripes, ask for an STSO.  If the STSO still gives you trouble, ask for a Transportation Security Manager (TSM), who will be wearing a suit.  A TSM is required to be on duty in the airport; do not believe any assertions that one is not available — they are.  Finally, if the interaction with the TSM is still unsatisfactory, you may ask to contact the Federal Security Director (FSD), who is a regional airport director and may not be on-site but generally has staffers who are.  Another resource is the TSA’s national “TSA Cares” hotline.  While the name is a misnomer, as the TSA certainly does not care, they may be of assistance at (855) 787-2227.
  7. You have the right to make a complaint.  Ask for a comment card on your way out, and the name of anyone who made your TSA experience more unpleasant than usual.  You can also file your TSA complaints online, but it makes them more nervous when you ask for a paper copy.
  8. You have the right to request a police officer supervise.  Did the TSA just ask to conduct an invasive search on your person?  Feel free to request that airport police supervise the situation.  Most, but not all, airport cops understand that the TSA is a disaster and that 0% of the times the TSA has demanded absurd levels of screening has the target actually been a terrorist.  As the saying goes, “‘I just caught a terrorist!’ said no TSA employee ever.”
  9. You have the right to refuse to take off anything but outer garments.  This includes, obviously, your clothes, but also includes any medical devices, prostheses, etc.  The TSA is not permitted to conduct strip searches.  If you are asked to do anything to the contrary, contact a supervisor and airport police.
  10. You have the right to refuse screening.  I cannot stress this enough: if the TSA demands that you continue screening in a private room, you should refuse.  You may miss your flight, but think about it: if the TSA does what you see at the checkpoint in full view of the world, you can only imagine what they will do if they determine you need “private screening.”  And, if you can’t imagine, let me fill you in: they will be touching your genitals with the front of their hands.  Know also that the TSA has not successfully leveled a fine or any other penalty against anyone for refusing screening, and their current policy is to simply escort the traveler out of the checkpoint.  Your airline will almost certainly re-book you at no cost.  It is your body, and your choice — do not let the TSA persuade you otherwise.  Just remain calm and firm.

Finally, if you have a negative experience, please don’t keep your story to yourself.  I would love to hear your story and may be able to help you to find resources to help.  Be in touch.  And, please share, print, and distribute to help others avoid TSA assholery.


“Jon Corbett is a civil rights advocate known for filing the first lawsuit against the deployment of TSA nude body scanners, as well as defeating the body scanners live in “How to Get ANYTHING Through TSA Nude Body Scanners.  Presently a law student, he continues to advocate for travel and privacy rights.  Twitter: @_JonCorbett, Web: https://professional-troublemaker.com/

Fighting for civil rights in court is expensive!  Want to contribute to the fight against government assholery? Donate via PayPal, Venmo, Chace QuickPay, Bitcoin, or check

Jon Corbett’s Endorsement for President

As a younger guy who lives in urban settings, I’m surrounded by individuals who almost uniformly detest Donald Trump, and there is a lot of social pressure to vote for Hillary Clinton in my world.  However, I won’t be voting for Hillary Clinton.  Nor will I be voting for Donald Trump.  For the first time in my life, I’ll be voting for a third-party candidate, Gary Johnson, and I’d like to explain.

First, I agree with those around me that Donald Trump would make a horrible president.  I don’t care about the crude remarks so much as I care that I can’t make out most of his policy, and the parts that I can make out, I dislike more often than not.  In particular, I feel that his immigration policy cannot possibly work, that his foreign policy will get us into more conflicts than out, and that his “tough on crime” viewpoint is not the reform this country needs at a time when it has more prisoners than China despite a quarter of the population.  Beyond his views, I don’t think he has the political experience, the temperament, or the vision to “make America great again.”  I do appreciate that he is a Washington outsider and is willing to speak his mind rather than limit himself to speaking like a politician, but this is insufficient.

So why not vote for the only person who has a chance against him?  On the issues, Hillary and I agree a bit more than Trump, although I am concerned about her perspectives on civil liberties (and not just the second amendment) and on keeping the government lean and efficient.  But, I find Hillary to be dishonest.  It’s more than just her atrocious handling of the e-mail scandal — she just seems like a massive phony whenever she speaks.  Maybe she’s just a bad speaker, but that’s an important part of being president.  I also think her campaign was dishonest in how it played against Bernie Sanders.  I think the DNC is dishonest and does not deserve to be rewarded for its manipulation of the primaries.  I’m tired of the dishonesty, and candidates who can’t keep it real won’t get my vote.  I won’t feel that I am responsible for voting for her for “lesser of two evils” purposes, because this simply lets the DNC (and RNC too) know it can do whatever it wants and we’ll choose whatever it puts out there.     If Trump makes it into office, it is the DNC to blame, not the swing voters who couldn’t stomach Hillary.

The candidate who gets my vote instead is experienced — he’s been the governor of New Mexico for 8 years, and in the political world for over 2 decades — yet he doesn’t sound like a Washington politician.  He commitment to civil liberties is unyielding, and relevant to this blog, he is on the right side of every issue I personally fight for, from abolishing the TSA to securing reasonable gun rights.  He recognizes that the war on drugs has failed, that our national debt is a problem that needs to be fixed now, and that we should get the hell out of the Middle East.

In short, he’s what we need, and even if he has virtually zero chance of getting elected this round, I would rather vote for that than for the “lesser of two evils.”  We’ve done that for too many years now, haven’t we?  It seems to just lead to greater and greater evils.  Let’s stop that now and vote for someone who would actually represent us.  For the purpose of sending a message to the parties, as well as to support someone who I actually would like to see as president, I endorse Gary Johnson for President in 2016.

Check out these three candidates side-by-side on the issues, and don’t forget to vote!  Most states now have early voting, so it’s easier than ever to make it happen.

Why NYC Rent Is So High (It’s *Not* Airbnb)

eastvillageRecently, Airbnb has received a lot of heat from New York City and State officials, who have accused the company of driving up rents for residents by reducing the available housing supply.  The state legislature has gone so far as to pass a bill levying fines of up to $7,500 against Airbnb users for listing their apartments “illegally” (as in, against a law pushed by the hotel lobby that prevents New Yorkers from renting out their own apartments); the bill sits on the governor’s desk awaiting his decision.

What legislators aren’t discussing is that one of the key reasons behind the high rents in Manhattan has nothing to do with supply and demand, but is government-imposed.  As someone who has lived in and around NYC for much of his life, I’m well aware that taxes are high, but when my landlord raised my rent citing his increased property taxes, I did some digging and found that my landlord wasn’t bluffing: I was astounded at how high they actually are.

In Miami Beach, you can expect to pay 1.39% of your condo’s value every year.  In San Francisco, it’s 1.18% for your house on the hill.  If you like the thrill of gunshots on your way to work, Chicago’s tax rate is 1.86%.

But in New York City, you owe the city between 10.6% and 20.0% of your property’s assessed value, every year. For apartment buildings with more than 3 units, the rate is 12.9%.

Let’s put this in perspective.  In the very residential and fairly affordable (for Manhattan) East Village, a pre-war, 5-story, apartment building with 15 1-bedroom units and a storefront may have a market value of about $5M.  “Assessed values” tend to be are lower than actual market values (both in NYC and most other cities), so you might end up with an assessed value of half the actual value, or $2.5M 45% of actual value, or $2.25M.  That building would likely be subject to the Class 2 tax rate of 12.9%, meaning $290,250 in taxes every year.  A typical apartment in these buildings may be $2,500 monthly, and a typical storefront may be $10,000 monthly, making annual rent revenue $570,000.  In this scenario, 51.0% of your rent money goes to the city in taxes, and that’s in addition to the NYC income tax of up to 3.876%, NYS income tax of up to 8.82%, sales tax on everything you buy of 8.875%, and other hidden taxes like the MTA tax on every taxi ride you take.

But, of course, it gets better.  Brand new buildings — which, these days, are almost exclusively luxury towers — get tax abatements, reducing the tax bill for the rich on their homes to pennies on the dollar.  So, while $1,275 of your $2,500 rent bill for a modest 1 BR in the East Village goes to Uncle deBlasio, the multi-million dollar condo owner a few blocks down may be paying only a few hundred dollars per month.

So, we can blame Airbnb for shitty neighbors throwing parties, but let’s not blame Airbnb for our rent bills: when more than half of my rent goes into the city’s coffers — at least if you’re middle class — I think we know where the problem lies.

[Edit: Numbers updated thanks to insight from /u/Tervia regarding the assessed value.]

[Edit 2: Want to look up your building’s taxes?  You’ll need to find a document that lists your building’s “Actual AV” and then multiply it by the tax rate for your building’s class (if you live in a building with more than 3 units, it’s 12.9%).

The Most Epic Court Transcript Ever

Warning: Disturbing language.

denverallen
Denver Allen

Denver Allen, a resident of Floyd County, Ga.’s jail, doesn’t much like judges.  Or attorneys.  Or his cellmate that he allegedly murdered, which led to a preliminary hearing on the matter last week.

The popcorn-worthy part of the full 19-page transcript begins when Mr. Allen requests that the court appoint him a different public defender:

MR ALLEN: He’s misrepresenting my case.  He told me if I wanted him to do a good job, I had to let him give me oral sex…

When the Hon. J. Bryant Durham, Jr. suggests that his claims — both the demand for sex and general allegations of ineffective counsel — are not believable and he won’t be getting a new attorney, he takes it to the next level:

THE COURT: Listen to me.

MR. ALLEN: Fuck you.

THE COURT: Listen to me.

MR. ALLEN: Go fuck yourself.  I’m through here.  Are y’all done?

THE COURT: I’m finding you in contempt of court.

MR. ALLEN: I don’t care.

THE COURT:  I know you don’t.  And I sentence you to 20 days for that.  And if you say anything else, I’m going to add twenty days for everything you say.

MR. ALLEN: Fuck you.

THE COURT: 40 days.

MR. ALLEN: Fuck you again.

THE COURT: 60.

MR. ALLEN: Go fuck yourself.

THE COURT: A year.

MR. ALLEN: Your mama.

THE COURT: 10 years.

MR. ALLEN: Suck my dick.

It doesn’t stop there.  After more general profanity, it gets stepped up another notch, as the judge gets baited into sinking down to his level:

THE COURT: You know, you look like a queer.

MR. ALLEN: Well, okay, so now you’re calling me a queer in the courtroom?

THE COURT: I didn’t call you one.  I said you looked like one.

[…more banter…]

MR. ALLEN: Can we get a court order to get my dick sucked, sir?

THE COURT: You’re so cute.  I know all the inmates just love you to death.

MR. ALLEN: Oh, yeah.

THE COURT: Oh, I bet.

MR. ALLEN: All those white butt boys love me to death, too.

THE COURT: Okay.  Well, I’ll bet they do, and I bet all the rest of them do, too.

MR. ALLEN: You ain’t supposed to smile in court.

THE COURT: I’ll bet everybody enjoys sucking your cock.

But, there’s just one more way to notch this up to the next level:

MR. ALLEN: How about this — I’ll kill your whole family.  When I get in this trial, I will murder your whole family.  I’ll cut your children up into pieces.  I’ll knock their brains out with a fucking hammer and feed them to you

Truly amazing.

New Twitter for Professional Troublemaker… Can We Follow Each Other?

Since 2010, I’ve been using the Twitter handle @tsaoutourpants, but we recently re-branded from the beloved “TSA Out of Our Pants” to “Professional Troublemaker” to reflect that I’m now working on advocating civil rights advocacy on other issues as well.  So, I figured it was appropriate to start the new year by updating that Twitter username to @_JonCorbett.

If you already followed @tsaoutourpants, you’re automatically already following @_JonCorbett, but if you haven’t yet, please come follow my updates on the Twitterverse!

TSA: You Should Have Known We Were Going to Make it Mandatory!

Lawyers for the TSA simply do not care if they are on one side of the argument today and a different side tomorrow when it suits them better.  Throughout the litigation that occurred in 2010 – 2014, in every case where people challenged the nude body scanners, the TSA stated that the fact that they are optional — because anyone can ask for a pat-down instead — is a significant factor in their constitutionality.  In one of my cases, for example, they argue that AIT isn’t so constitutionally offensive in this sentence:

“And as the D.C. Circuit has noted, a passenger may choose between AIT screening and a pat-down, ‘which allows him to decide which of the two options for detecting a concealed, nonmetallic weapon or explosive is least invasive.'”

~~ Corbett v. TSA, 12-15893, Appellee Brief, pp. 28, 29,  January 28th, 2014, citing EPIC v. DHS, 653 F.3d 1, 10.

See if you can spot the difference between the TSA’s argument above from 2014, and their argument filed today in Sai v. Neffenger, a case by another individual opposed to TSA body scanners who filed an emergency motion for temporary restraining order last week.  This argument tries to explain that the TSA didn’t really issue a new rule by making the body scanners mandatory:

“Interested parties should have anticipated that TSA might require mandatory AIT screening, and thus reasonably should have filed their comments on the subject during the notice-and-comment period [in 2013].”

~~ Sai v. Neffenger, 15-2356, Opposition to Motion for Emergency TRO/PI, p. 10, December 29th, 2015 (internal citation omitted).

In other words, despite the fact that the TSA was arguing in courts across the country that there was nothing to worry about because the scanners were optional, we all should have known that eventually, the TSA would make them mandatory.

TSA, it’s not that we all didn’t know that you were going to force these machines down our throats whenever the original controversy started to die down.  It’s that you argued that you wouldn’t in court in order to get your way, and now you’ve changed your position but think the courts shouldn’t change theirs.  We’re not surprised, but we are upset, and we’re asking the courts to decline your request to retract your position without retracting the judgment that came along with it.


Fighting the TSA in court is expensive!  Want to contribute to the fight against TSA assholery? PayPal or Bitcoin: 15ftA2938sp7Mnsi8U7wYVmEtd4BRbFnkT 🙂

TSA Out Of Our Pants Is Now Professional Troublemaker

When I started this blog over 5 years ago, I named it for my literal goal: to get the TSA’s hands and radiation literally out of our pants.  While minimizing the TSA’s encroachment on our bodies is still a strong focus for me, we’ve also delved into other areas of civil rights advocacy: “street body scanners” proposed by the NYPD, sending the NSA thousands of FOIA requests (and the FISA court hundreds of motions to force the NSA to delete the data they illegally collected), stopping stop & frisk, and other government abuses.  I think we’ve a bit outgrown the name, and so, “TSA Out Of Our Pants” is now “Professional Troublemaker,” a blog about the journey of a civil rights advocate.

What is a “Professional Troublemaker?”

From the first court filings, my polite insistence that my rights be respected has been met with a certain hostility.  The DoJ has said that my arguments are as a terrorist would make.  The Supreme Court had me deliver my petition to them in a garbage bag.  A county sheriff’s office lied about what evidence of their own misconduct they possessed and attempted to evade service like a deadbeat avoiding child support.  And all over, my substantive complaints were met not with substantive defenses, but procedural shields.

Challenging the status quo is viewed as causing trouble, apparently, and as that is the role I’m looking to take on, I’m happy to accept the title as well.

2016 will be full of new things, as my TSA security interview lawsuit gets heard, I continue with my second year of law school, and I start to delve into second amendment rights, as I’m assuming NYC isn’t going to be too accommodating with the handgun license app I’m filing tomorrow.

Speaking Tomorrow at 2015 Airport Security Symposium & Conference

If you happen to be in the DC area tomorrow, I’ll be speaking tomorrow on the subject of “TSA Accountability” at the 2015 Airport Security Symposium & Conference, held by the National Association of Airline Passengers. For a very modest registration fee, you can meet myself, Rep. John Mica, Former AK Rep. Sharon Cissna, and many, many others who have been working since at least 2010 to protect your rights at the airport. The NAAP also accepts donations if you’d like to support from afar.

I’ll be publishing my presentation afterwards.

Somebody Think Of The Children!!

Getting drunk and having sex on a public beach during the day when there could be kids around isn’t exactly polite, and I’d certainly expect that if caught, one would end up in jail. Maybe some probation, pay a fine, etc., for a first-time offender.

Not in Florida, of course, where the state once again makes the news for being a bit retarded. Jose Caballero and Elissa Alvarez now face 15 years in prison and mandatory registration on the sex offender list for the crime of being drunken assholes. This is a crime where no one was injured, where children were not part of the intent, and the only damage done was that a couple parents had to explain the birds and the bees to their children before they had planned. (Cite me a single study, from a reputable source in the last 25 years, that shows that children have any long-term harm resultant from accidentally seeing a single sex act, and I’ll donate $100 to your favorite charity.)

I looked up the statute under which they were charged, and noticed something peculiar: it’s under the same section of the law that deals with statutory rape. As it turns out, they could literally have walked up to one of the children and persuaded him or her to join in on the sex, and it would have been the same penalty.

What on earth is wrong with the Florida legislature? Why can’t we keep things in proportion?

Because someone screamed, “think of the children,” and tough penalties on sex offenders win elections. As a result, 2 people’s lives are now ruined. Was your re-election worth it?

Feel free to let the prosecuting attorney know how you feel.

Crossing Russia Off My Travel Plans: Thoughts on MH 17 and the Current Situation in Russia

I started my first lawsuit against the TSA almost 4 years ago because the TSA had infringed on something I love: the ability to get up, take yourself to an airport, and hours later end up anywhere in the world. Only perhaps 60 years ago was this feat impossible for the average person, and it is truly a gift that we can do so today. When the TSA conditioned that gift upon acceptance of government-sponsored sexual assault, I found it revolting and pushed back with everything I had.

Last week, for me at least, the ability to travel the world has shrank just a bit more. As best one can tell based on the evidence we’ve seen, rebels in the Ukraine armed and supported by Russia were provided with a surface-to-air missile system which they did not know how to use. While targeting what they thought was a military plane, these Russian-sponsored militants accidentally shot down a Boeing 777 passenger plane, killing nearly 300 innocent people from all over the world.

Russia is unapologetic, refusing to admit (while also failing to deny) that it provided the means to the people responsible for this tragedy. It has annexed a part of a sovereign nation, and stands ready to seize any opportunity to take over the remainder of the Ukraine (a possibility that now seems less likely due to the increased international attention brought upon Russia as a result of MH 17). And while I’m not happy about many of the things that are going on in my own government — from NSA spying to rampant police thuggery, a Congress that does nothing except when it is bought, and a President who thinks he is above the law (yes, the last president thought he was above the law, too) — the internal situation in Russia is heading from bad to worse. Reports of restrictions on free speech, criminalizing homosexuality, and violently silencing political opponents threaten to take Russia back to the olden days of Soviet oppression.

Sadly, I love Russian culture. I’ve been to Russia four times in the last 6 years (and the Ukraine several more), I’ve learned a good amount of the Russian language, made many Russian friends, and have absolutely loved my time in that country. But, the downing of MH 17 makes it impossible to ignore that Russia is not a safe place and that much of the leadership of Russia intends to do bad things to both their own countrymen and anyone who has anything that they want. With disappointment, I cross Russia off of the list of places I’m planning to travel until Russia decides to return to being a good citizen. I hope that as, one by one, people, companies, and countries stop doing business with Russia, they will eventually see that there is more to gain by being a contributor to the world than a taker.

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