Rebels of the Week: The man who refused a TSA-style search and the judge who dismissed charges against him

“I don’t have to accept this Nazism!” -Robert Goodwin, a rebel

When I hear stories like this, my heart quickens, my eyes widen, and I can feel the spirit of rebellion rising up from my stomach. I’m so encouraged by this sort of thing that “I feel like I could take on the whole Empire myself!” This is the story of a man who refused outright to submit to the police state’s unconstitutional, TSA-funded search of his bag before allowing him to board his train on the T, Boston’s public rail system. And after his arrest, a judge dismissed his charges!

The story, published this Monday at The Boston Herald, is especially timely because the TSA’s ten year anniversary was this past weekend. Everyone’s “favorite” police state bureaucracy has turned ten, which is only barely older than the children it routinely assaults in the name of “national security” (like a six year old boy this summer, who told his parents he “didn’t want to go to Disneyland anymore” after being assaulted by a TSA officer for the ever-so-suspicious act of flying by plane).

The Boston Herald reports:

‘Meet Robert Goodwin, the civil libertarian poster boy who defied T police and got arrested for entering Alewife station after refusing to submit to a TSA-style inspection…

Courts have upheld the right of transit agencies to randomly search passengers’ carry-on bags.

“It’s a recommended practice by the federal government, by TSA,” said Deputy Transit Police Chief Joseph O’Connor. The T receives $1 million annually from TSA to conduct the roving inspections. “If a passenger does refuse, they are given the option to leave the station. They will not be allowed admittance to that station. That is the passenger’s choice.”

A police report said Goodwin became angry when T cops explained this to him, shouting, “I don’t have to accept this Nazism.” After he went through the fare gates, saying “I paid for this ticket, and I’m getting on this train,” he was cuffed.’

Here’s the awesome part, and I just couldn’t make up my mind who was being more of a rebel in this case, so they’re both rebels of the week this week:

‘The law is not on his side, but Cambridge District Court Judge Roanne Sragow was. She dismissed the charges against Goodwin at his arraignment last month and denied a prosecutor’s bid to fine him $100.

“She said it was just ridiculous,” said Goodwin, 38, a married father from Arlington who became only the second person since the T began regularly conducting spot security inspections in 2006 to be arrested for trespassing after he balked at having his laptop bag swabbed Oct. 26. “It’s an invasion of my privacy because they are singling out people with bags. If you’re going to work and you need to carry things in a bag, you are automatically suspected of terrorism.”’

Go Judge Sragow! Somebody put this woman on a short list for the next Supreme Court opening. This is how we check and restrain tyranny. This is how our system of checks and balances is supposed to work. Judges need to protect citizens from the unconstitutional overreach of a tyrannical legislature and executive. There is often talk of “activist judges” exercising oligarchy over our republic, but we’d be a lot better off if there was at least as much outrage at “activist legislatures” and “activist executives.” The judges who have upheld the TSA’s canvass searches of U.S. citizens are the examples of judicial activism gone awry.

They need to reread the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The TSA and its agents at the transit authorities of local governments are the ones who should be cuffed for breaking the law. In the United States, police searches are to be conducted with warrants, upon probable cause, and particularly describing what is to be searched. That’s the law. Canvass searches violate all these criteria. It doesn’t take a law degree to understand that, just elementary school level reading comprehension. (Or depending on your public school district, high school level reading comprehension.)

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