No First Amendment right to tell TSA screeners they live in a bubble

You can wear a jacket with "Fuck The Draft" on the back into a court of law, but, according to the Sixth Circuit Court of Appeals, don't even think about swearing loudly at any TSA officials who make you miss your plane.

Today, the Court ruled that TSA can arrest and fine you for swearing loudly and belligerently while you're being searched at the airport security check because it "interferes" with the TSA's job.  The court rejected any First Amendment right to free speech, claiming that while asking a "good-faith question" with profanity in it or even "grumbling" with profanity would not be enough for a fine, the conduct here somehow constituted more.

Specifically, the court ruled:

Petitioner’s conduct in this case, however, cannot be characterized as simply asking a good-faith question while using profanities or as grumbling about not being allowed to walk back through the metal detector or the delay in being hand-wanded. Rather, Petitioner interfered with the screener in the performance of his duties by actively engaging the screener with loud and belligerent conduct, and, after being asked not to use profanities, by exclaiming that the screener should be in a different line of work, that he should live in a bubble, and that it was a free country in which he could say what he pleased. Due to the escalating loud and belligerent nature of Petitioner’s conduct directed at the screener, the screener needed to shut down his line and call over his supervisor. Thus, Petitioner’s conduct interfered with the screener’s duty to both thoroughly screen passengers and to do so in an efficient manner.

Is this really a justifiable difference? So its okay to ask the TSA "Why the fuck do I have to take my shoes off?" but not to tell them they live in a bubble or that this is a free country?

The other disturbing aspect of this opinion is how the court characterizes when speech can qualify as "conduct" that interferes with TSA official duties.  Here, the defendant was complying with all instructions by the TSA official; he was just complaining about it loudly while doing so. The only reason this "interfered" with the TSA official doing his duty was because he let it interfere.  In other words, if the TSA official had ignored Rendon's comments, no interference would have occurred.  It was only by reacting to the comments that anything changed.  This basically allows any government official to arrest and fine you for "interfering" with their work the minute they decide that they don't want to listen to you anymore, not because you are objectively obstructing or preventing them from doing their job.

I realize, of course, that getting yelled at makes it difficult for anyone to do their job and especially someone in security who has to pay close attention to things, but it worries me that the court here didn't spend more time establishing a more objective standard for when someone crosses that line.

Update: In response to some of the comments, I wanted to clarify that I don't think people should yell at screeners or make their lives more difficult in any way.  In fact, I think its quite rude.  I'm just saying that the law shouldn't get involved in regulating speech in this way.  I have no doubt being a screener is a tough job and one that is often quite thankless, so thanks to the screeners who do it and put up with it.  I'm not blaming you; I'm blaming the courts and the law for over-reaching.

Comments

[TSA Screener MIA]

working as a checkpoint screener is not a easy job. you are always under pressure to protect and serve the flying public. every so often (1 in 2000 passendger) you get a person that verbally abuses you,,,most of the time I don't listen to them because I will never see them again and send them on their unhappy way. some screeners would send that type person into secondary (which causes more agravation both on the passendger and the screener who has to hand-wand the person). I don't let the TSA power go to my head, I have a job to do and I will do my best. but beware some screeners let the power go to their heads (anal-retentive screeners think they are L.E.O.) All I ask is go with the flow. We are not on the job to ruin your day. As a passendger you should be happy that i haven't failed any x-ray or hand wanding test in 3 yrs. we are always getting tested (everyday, program and live test). even not being tested i have found a Gun, bullets and large knives.

[Lax Screener]

Who says that we live in a free country? We can do anything to ourselves in the name of security, and when you give a formerly powerless person a uniform and a license, he will abuse it.

[can't, i'm a screener]

we didn't crash the towers.
we didn't crash the pentagon.
we didn't crash into sommerset co.
God knows there are screeners i'd fire tomorrow were i the king.
but you scream at me while i'm doing my job and act like it's an everyday thing.....
tell you what, legal eagle. go into your local police department tomorrow and start screaming at the desk sargent and see how long you last. i mean, he's only a local yokal. can't be near as bad as screaming at a gov't employee.
gutless mamma boy, you are.

[porter]

In response to comments by "cant; i'm a screener," loudly complaining to (while complying with the instructions of) a TSA employee with whom you already have established a relationship of sorts is not equivalent to screaming at a police department employee with whom no such relationship exists. Furthermore, all paid members of local police departments ARE government employees, albeit not Federal government employees.