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Terry Newell

Terry Newell

Posted: November 21, 2010 07:58 AM

There are two things we know about enhanced X-ray screening and full-body pat-downs at TSA check points. The first is that if we abolish them and a terrorist blows up a plane as a result of concealed explosives, Congressional hearings will castigate the TSA for failing to protect the public. The second is that if we keep them, Congressional hearings will castigate the TSA for excessive invasion of privacy in protecting the public.

We learned this "damned if you do-damned if you don't" lesson about government years ago, when media reports of tax cheaters led Congress to demand that the IRS beef up its enforcement through hiring more agents to go after those not paying their fair share. Within a year or so, Congress began getting reports about how the IRS was going after the homes of people who were old or ill or old and ill, and hearings demanded that the IRS improve its customer service.

The same schizophrenic frenzy has turned up in just about every area the government is asked to manage for the protection of the public: food safety (ensure safe food but keep food cheap), oil drilling (protect the environment but keep oil flowing), energy conservation (improve gas mileage but don't put auto companies out of business), mine safety (keep coal cheap but don't let miners die), and public health (stop that pandemic but don't quarantine anyone) -- to cite a few examples.

Government is inherently a matter of trade-offs, in values and policies. Privacy vs. security, protection vs. cost, justice vs. mercy, short-term gains vs. long-term losses (or short-term losses vs. long-term gains), guns vs. butter, taxes vs. debt. Where to draw the line is, in fact, one of the chief functions of government and one of the chief sources of contention in a free society.

Politicians on both sides will use these trade-offs -- and the extremes of government action that usually result until we get the balance right -- for their own benefit, as will the media, interest groups on the right and the left, bloggers, and those who seek their fifteen minutes of fame by recording their encounters with government for our viewing pleasure on YouTube.

This is all as it should be. Were government so constrained as never to push our buttons, and were the public so constrained as to never howl in protest, we would not find the common, sensible ground that is essential for a well-functioning society. What we are watching in the current furor over airport security screenings is democracy at work in the healthy debate of how we manage the trade-offs between two valued ends.

It's worth remembering this as we watch the passionate, sometimes infuriating, often exaggerated, seldom calm, typically one-sided arguments over the coming weeks. If you love America, love this too. It's our vibrant, free society at work. It's a sign of success, not failure. It demonstrates the enduring truth that a society where trade-offs are subject to constant criticism and negotiation is a good society.

 
 
 
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Terry Newell
06:57 AM on 11/24/2010
The point of my blog was neither to condone TSA procedures nor to attack them - though both sides can be easily done, as evidenced by most of the comments posted here. Nor was it to focus only on TSA. The point of my blog was and is to say that, in a free society, we will always be faced with trade-offs becasue different people want different things. By definition, any trade-off will leave everyone unhappy about some aspects of the the final resolution - but, ideally (not always a state reached in reality) most people will accept that the final resolution is about the best we could have hoped for. On the subject of TSA security procedures, the dialogue/debate is still underway and so that final trade-off point has, I expect, not yet been reached. But at least we can talk, fight, argue about it. In some countries, the government's decision would be "final" and, if you didn't like it and said so, you might be "final" too.
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flyr1710
11:07 PM on 11/22/2010
'government inherently is a list of trade offs...'. Unfortunately for this administration government seems to be the only thing.

Yes, the obvious point that people are pissed about is the whole thing is the overt insensitivity of the TSA.

The underlying point is how this is another thing how our government is invading us
06:47 PM on 11/22/2010
All of this fuss is about money. The GOPhers are dissing the TSA check point procedures and are paving the way to privatizing these jobs.
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George Hanshaw
There are none so blind as those who will not see.
05:48 PM on 11/22/2010
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

Benjamin Franklin, Printer, Author, Diplomat, Patriot
06:18 PM on 11/22/2010
I think this is much ado about nothing. Planes can be turned into dangerous weapons, so if you think a safety check is giving up your liberties, than I saw take a train or bus. I like to ride in a plain that has been checked as well as possible. I have a right to be safe, too.

Besides, this is the Radical Right trying to save some money and privatize this. Don't think for a minute it is anything else, folks.
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George Hanshaw
There are none so blind as those who will not see.
07:56 PM on 11/22/2010
"Planes can be turned into dangerous weapons,"

Actually, no, not unless the pilot opens the cabin door.

But do you truly believe that a tank truck full of propane CAN'T be turned into a dangerous weapon? Or that you can't commit mass murder on BART or Amtrak?

Look at the Madrid railway bombings.
Look at the Dubai massacre. That was on the street.
06:19 PM on 11/22/2010
opps, that would be plane and not plain.
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George Hanshaw
There are none so blind as those who will not see.
05:39 PM on 11/22/2010
I don't think a lot of posters on this article actually understand economics. Three days ago 81% of people supported TSA policies (in large part because they hadn't recently been through an airport and didn't actually know what those policies are. Today it's two in three supporting them. The trend is obvious, but more than that, the trend has ceased to matter because 33% is a sufficient number to doom this policy.

Airlines - except for Southwest - don't make much money, and even Southwest doesn't make huge amounts. If they turn off one-third of their traffic, what the other two-thirds want won't long matter - because the airlines can't sustain operations on two-thirds of their current customers, they'll go bankrupt (not exactly uncommon in the business anyway. Remember Braniff? TWA? Pan Am?

Current policies have convinced an adequate number of people to 'opt out,' - not just from the x-ray, but from flying altogether. That dooms the policy. The other two-thirds of people now have to decide whether they will fly WITHOUT the (false) assurance that they and their fellow passengers have been groped, or if they won't.

If enough of them say no, then the airlines themselves fold, and we can start groping people on AMTRAK.
05:37 PM on 11/22/2010
As I don't fly this has no direct effect on my life, it does however, have an effect on my country. The bottom line is since 9/11 we have ceased to be citizens and have all become suspects. If we object to that we are tagged as being anti- American - guilty until you prove your innocence.
I want to see videos of ever member of Congress being groped, X-rayed and generally humiliated by TSA because they are,IMO, more suspect than is Granny from Sioux City.
I can except reasonable security - I'm not offended by stepping through a metal detector before entering a court room or other venues of that nature - but groping my junk ain't on my list of reasonable actions.
04:38 PM on 11/22/2010
***constant criticism and negotiation is a good society.***

Oh yeah, THEY tell you either a toxic scan, or sexual assault wrapped in a thin cloth of *love taps*, oh, I'm a gentle pat down.....
04:00 PM on 11/22/2010
So you are a bad American if you don’t submit to be scanned or groped. I don’t think so. As someone who claims to be an educator or at least and educational administrator, Mr. Newell should at least recognize a faulty contradiction when he offers one. There are more choices available. Other less intrusive forms of scanning are available. Sniffer technology is on the cusp of availability. The pat-down procedures could be modified as suggested in a previous post, etc., etc., etc. The idea that scanning and groping is a victory for democracy is just plain nonsense. I recently drove 5,000 miles to avoid scan and grope and soon I will drive another 3000 miles. I have cancelled a trip to Alaska. The current security practices are unacceptable to me and millions of others Mr. Newell and we do love our country.
04:49 PM on 11/22/2010
agree. I am tired of the false dichtomous arguements being put forth. We had enough of that in the last administration.
03:50 PM on 11/22/2010
Sorry, I'm not making any trade-offs about the bill of rights. There is no "healthy dialogue" or other nonsense when one half of the discussion is going to try to force to grope me.
03:09 PM on 11/22/2010
Is DARPA testing a probe for internally concealed explosives for TSA? machimon.wordpress.com
01:32 PM on 11/22/2010
The author seems to have forgotten that some of the "trade-offs" already were made when our current form of government was established. Those "trade-offs" are embodied in the Bill of Rights, including the Fourth Amendment, which reads as follows: "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."

Anyone who believes that his/her constitutional rights have been violated by a TSA grope search can bring an action in federal court against not only the US (under the Federal Tort Claims Act), but also against the TSA groper individually. If enough such actions are brought, that might cause either a change in TSA policy or a change in the agents' conduct. In addition, the District Attorney's offices in at least two California counties where there are large airports have announced that they are willing to prosecute as a sexual battery any clearly inappropriate search conducted by a TSA agent. Only a few such prosecutions should be sufficient to cause the TSA agents themselves to change what they do, regardless of whether the TSA changes its official policy.
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antaeus
Marriage Equality Is Here
01:25 PM on 11/22/2010
"Success" looks nothing at all like little boys being frisked or old ladies getting full-body scans.
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01:06 PM on 11/22/2010
We all want to be safe. We want our government to take reasonable measures to make us safe. But when checked baggage is not even searched, when passengers are subjected to random - and illogical - indignities, we rightly doubt whether our safety is the point of the whole exercise.

I'm about to fly in the near future, and I'm not looking forward to it.

www.sprocketsinside.blogspot.com
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Lukester
12:51 PM on 11/22/2010
Next up in these here United States: Routine cavity searches for all.
04:39 PM on 11/22/2010
hopefully they'll have the courtesy to give r e a ch arr ound s, it's the proper thing to do.
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TrekBear
12:01 PM on 11/22/2010
At an airport, you're in public! You don't have any realistic expectation of privacy.
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01:05 PM on 11/22/2010
So if someone mugs you or rapes you in public, then oh well?
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George Hanshaw
There are none so blind as those who will not see.
05:42 PM on 11/22/2010
"At an airport, you're in public! You don't have any realistic expectation of privacy."

Anytime you are off your own private property you are similarly 'in public.' Do you seriously thin you forfeit all right to avoid sexual assault - or even simple search by that status?

You can't truly believe that...?