Analysis

TSA Shield Thickens After 3rd Circ. 1st Amendment Ruling

Law360, New York (August 23, 2017, 7:21 PM EDT) -- The Third Circuit's finding that U.S. airport checkpoint screeners cannot be sued for allegedly retaliating against travelers exercising free speech diminishes passengers' rights in the name of national security, experts say, insulating the Transportation Security Administration from blowback and ratcheting up tensions in U.S. air travel.

Tuesday's ruling marks the first time the Third Circuit determined that there are limits to how travelers express their free speech rights at U.S. airport checkpoints, leaving the traveling public with no real recourse in federal court if TSA officers seemingly trample on individuals' constitutional rights by saying a national security threat is involved, even...

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