Monday, 8 January 2007 Supremes Won't Hear Secret Law Challenge The Supreme Court declined to hear an appeal from online civil liberties pioneer John Gilmore who was contesting a Ninth Circuit decision which held that the government did not have to make public its rules about requiring airlines to ask passengers for identification.
The Transportation Security Administration argued that publicizing the rules would endanger national security and that passengers were informed of the rules. However, they did show the rule to the judges, who then publicized in the decision that, in fact, passengers are NOT required to show identification to enter an airport security checkpoint. Instead, they may opt not to show identification and instead undergo extra screening of their persons and belongings.
While the TSA has updated its website with language that says identification is suggested, many airports still have signs that incorrectly state that identification is required.
Gilmore, who wanted the identification or extra screening rule ruled unconstitutional and filed suit in July 2002 after being prohibited from boarding a plane even after going through additional screening, appealed only the portion of the Ninth Circuit decision holding that the government could keep the directive secret. His appeal for cert to the Supreme Court was backed by civil liberties groups, the American Society of Newspaper Editors and the Reporters Committee for the Freedom of the Press, among others.
According to a statement by the Identity Project, which Gilmore heads and funds, " We must insist that our elected representatives control the TSA, and hold it accountable for its actions by, first, demanding that it make public this and any other laws it promulgates to bind the public."