 Government photo of Aaron Tobey after he was detained at Richmond International Airport on Dec. 30, 2011. |
Aaron Tobey claims in his lawsuit that the TSA at Richmond International Airport unlawfully detained and handcuffed him for 90 minutes after he disrobed and revealed the Constitutional protest against airport security measures.
TSA agents allegedly called the police, who charged him with a misdemeanor. His suit claims the TSA violated his civil liberties and seeks $250,000 in damages.
The 4th U.S. Circuit Court of Appeals ruled 2-1 in Tobey's favor on Friday, finding he had presented enough evidence to move forward with his claim that the government violated his right to free speech.
In doing so, the appeals court denied the TSA's attempt to dismiss the suit, meaning the case will likely head to a jury.
In his opinion, Judge Roger Gregory ruled that the First Amendment protects "peaceful nondisruptive speech" that "cannot be suppressed solely because the government disagrees with it.”