On The Front Lines
Rutherford Institute Defends Student Arrested for Removing Shirt, Displaying Text of 4th Amendment on Chest in Protest of Airport Scanners
CHARLOTTESVILLE, VA--The Rutherford Institute has come to the defense of a college student who was arrested and charged with disorderly conduct after removing his shirt at Richmond International Airport (RIC) and exposing a portion of the Fourth Amendment written on his chest. Aaron Tobey, a Charlottesville native, was en route to his grandfather's funeral on December 30 when he made his novel protest against the Transportation Security Administration's (TSA) use of whole-body imaging scanners and enhanced pat downs. Despite successfully passing through the screening, Aaron was arrested and handcuffed, questioned for over an hour and eventually cited for disorderly conduct. Rutherford Institute attorneys are defending Tobey's actions as free expression protected under the First Amendment.
"Aaron Tobey's actions constitute free expression, which is protected by the First Amendment," said John W. Whitehead, president of The Rutherford Institute. "The government's actions in this matter amount to outright censorship of free speech."
As Aaron Tobey, an architecture student at the University of Cincinnati, was waiting in line to pass through screening at Richmond International Airport, he removed his shirt to show that he had written on his chest part of the text of the Fourth Amendment ("The right of the people to be secure... against unreasonable searches and seizures, shall not be violated"), which protects the privacy of individuals by forbidding unreasonable searches and seizures.
Despite successfully passing through the screening, Aaron was arrested and handcuffed. Agencies including the FBI's Joint Task Force on Terrorism questioned Tobey for around 90 minutes before citing him for disorderly conduct. At no time did Tobey resist or interfere with security officials or the screening procedures. Eventually, he was permitted to board his flight. According to Tobey, after being released, "When I went through security, they just waved me through."
The disorderly conduct charge levied against Tobey is a Class I misdemeanor under Virginia law, which carries penalties of up to $2,500 and 12 months in jail. Tobey is scheduled to appear in court on January 10. Along with The Rutherford Institute, Tobey is being assisted by Steve Benjamin, a criminal defense attorney based in Richmond, Virginia.
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