May 202017
 
 May 20, 2017  Court, Surveillance, U.S.

Eugene Volokh writes:

From Brennan v. U.S. Dep’t of Homeland Sec., decided Tuesday by the Ninth Circuit:

When Transportation Security Administration (TSA) officers at Portland International Airport told John Brennan that he needed to undergo additional security screening because he tested positive for explosives, Brennan, in the middle of a TSA checkpoint, stripped naked. When TSA officers told Brennan to get dressed, he refused — three times. After TSA officers had to close down the checkpoint and surround Brennan’s naked body with bins until the police arrived to remove him, the TSA fined Brennan $500 for interfering with screening personnel in the performance of their duties. See 49 C.F.R. § 1540.109 (“No person may interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties under this subchapter.”). Brennan petitioned for our review. We have jurisdiction under 49 U.S.C. § 46110, and we deny the petition.

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