Chewy
04-05-2005, 12:33 AM
I read this awhile ago and thought it was pretty interesting.
http://www.papersplease.org/gilmore/facts.html
Where is the law saying that you have to show ID to get on a plane?
Gilmore's case is about one thing: the right to travel.
The court will have to determine the answers to two very important questions:
• Do citizens currently need to show ID in order to travel in their own country?
• If the answer is 'yes', is this constitutional?
We know that nowadays, travelers are constantly being required to show their ID. John Gilmore wasn't able to fly on Independence Day 2002 because he would not produce identification. ID is now required to board planes, trains, buses, and even cruise ships. These ID demands prevent travel by Americans who will not show their "papers". Is such a requirement constitutional?
Many Americans incorrectly assume that our right to travel anonymously has been legally suspended by the USA Patriot Act. This is not true: the USA Patriot Act contains no such provision.
The right to travel involves a number of constitutional issues:
The 1st Amendment
Physical travel and the First Amendment are inextricably intertwined. If you can't travel, then how can you exercise your right to Assemble? You can't Associate either, because you won't be able to get anywhere. Your right to Free Speech is also affected. You can say what you want, just not at that conference you wanted to attend but couldn't because you weren't allowed to get on a plane.
The 4th Amendment
Refusing a government "request" for ID triggers a severe penalty, such as loss of free movement. And lest we forget, having to show your ID is a search without a warrant.
Thankfully, the United States of America has no national ID card. We have no 'papers' to show. How can we as citizens be forced to produce something on demand that we aren't required to have in the first place?
In this court case, the core issue of our right to travel has been obscured by other side issues, secret law being the most outrageous of them.
Secret Law
Secret law is an abomination. There is no published statute or regulation requiring traveler identification. The airlines and the federal government insist that federal law requires passengers to show identification, yet can point to no published source of that requirement.
The government can argue all they want that it's the airlines that are 'requesting' ID, but the bottom line is that the violation of constitutional rights can't be out-sourced.
http://www.papersplease.org/gilmore/facts.html
Where is the law saying that you have to show ID to get on a plane?
Gilmore's case is about one thing: the right to travel.
The court will have to determine the answers to two very important questions:
• Do citizens currently need to show ID in order to travel in their own country?
• If the answer is 'yes', is this constitutional?
We know that nowadays, travelers are constantly being required to show their ID. John Gilmore wasn't able to fly on Independence Day 2002 because he would not produce identification. ID is now required to board planes, trains, buses, and even cruise ships. These ID demands prevent travel by Americans who will not show their "papers". Is such a requirement constitutional?
Many Americans incorrectly assume that our right to travel anonymously has been legally suspended by the USA Patriot Act. This is not true: the USA Patriot Act contains no such provision.
The right to travel involves a number of constitutional issues:
The 1st Amendment
Physical travel and the First Amendment are inextricably intertwined. If you can't travel, then how can you exercise your right to Assemble? You can't Associate either, because you won't be able to get anywhere. Your right to Free Speech is also affected. You can say what you want, just not at that conference you wanted to attend but couldn't because you weren't allowed to get on a plane.
The 4th Amendment
Refusing a government "request" for ID triggers a severe penalty, such as loss of free movement. And lest we forget, having to show your ID is a search without a warrant.
Thankfully, the United States of America has no national ID card. We have no 'papers' to show. How can we as citizens be forced to produce something on demand that we aren't required to have in the first place?
In this court case, the core issue of our right to travel has been obscured by other side issues, secret law being the most outrageous of them.
Secret Law
Secret law is an abomination. There is no published statute or regulation requiring traveler identification. The airlines and the federal government insist that federal law requires passengers to show identification, yet can point to no published source of that requirement.
The government can argue all they want that it's the airlines that are 'requesting' ID, but the bottom line is that the violation of constitutional rights can't be out-sourced.