Wednesday, August 16, 2006

Supreme Court asked to open TSA directive

SCOTUSblog reports on a petition to the Supreme Court asking it to require the Transportation Security Agency to make public the directive it follows to screen airline passengers. Filed on behalf of plaintiff John Gilmore, the case strikes me as unique for its reliance on due process as a grounds for opening government information. Gilmore filed suit after he was asked to show ID while boarding a domestic flight. TSA refused to provide him with the directive under which it screens passengers, even though it acknowledges the directive's existence and contents. Gilmore's petition claims that it is a violation of due process to impose a legal requirement on an individual and acknowledge the source of the requirement, but withhold its disclosure.

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