Government Agency Consolidation Impacts TSA, Comics Code Authority

Effluvia

In a more perfect world, it would be shocking that the Transportation Security Administration detained a comic book artist based on art he was carrying with him.

Sable wrote of his experiences: "Flying from Los Angeles to New York for a signing at Jim Hanley's Universe Wednesday (May 13th), I was flagged at the gate for 'extra screening'. I was subjected to not one, but two invasive searches of my person and belongings. TSA agents then 'discovered' the script for Unthinkable #3. They sat and read the script while I stood there, without any personal items, identification or ticket, which had all been confiscated.

"The minute I saw the faces of the agents, I knew I was in trouble. The first page of the Unthinkable script mentioned 9/11, terror plots, and the fact that the (fictional) world had become a police state. The TSA agents then proceeded to interrogate me, having a hard time understanding that a comic book could be about anything other than superheroes, let alone that anyone actually wrote scripts for comics.

But I can't honestly say it is shocking, because shock would imply that I am surprised as well as appalled. But it is not, in fact, even a little surprising. We already know that our ability to fly without harassment is governed by people completely incapable of understanding Magritte's 80-year-old simple point:

Ren? Magritte, The Treachery of Images, 1928–29, Restored by Shi

That is to say, a depiction of the thing is not the thing itself. Hence we tolerate being bullied by people who feel that Decepticon T-shirts and pendant-sized "gun" charms are threats to airline security.

Freaking out over a comic book is the same. The fact that a person is carrying a modern comic book does not mean that the person poses a threat of taking over the plane via anatomically improbable women, ennui, and derivative dystopian imagery.

To be blunt, this idiocy continues because we tolerate it. And by "we", I must explicitly include myself. I told this story before:

Several years ago I flew to Oakland in order to appear in court in Santa Rosa, where my client was involved in a regrettable misunderstanding resulting from the government’s hasty conclusion that he had improperly possessed a firearm of the sort characterized by some as a machinegun. On the way through security in catching my flight, I was pulled aside for a search — perhaps random, perhaps not. The TSA agent opened my brief bag and dropped my case binder on the table. It flopped open to a page showing a full-color photograph of the alleged machinegun.

The three TSA agents assisting with my search fell silent.

This,” I thought, “has long day written all over it.

I got lucky — my TSA agents grasped the distinction between a thing and a picture of a thing in no more than 15 minutes.

Last 5 posts by Ken

10 Comments

8 Comments

  1. Andrew T  •  Jun 27, 2009 @10:31 pm

    What are the consequences of flying with confidential papers? Do you have to worry about attorney-client privilege if you fly somewhere?

    Put it another way, if the TSA took your case binder away from you, photocopied it, and faxed the copies to the prosecutor's office, what would happen?

  2. Ken  •  Jun 28, 2009 @7:08 am

    Andrew, in those circumstances, the documents would not be admissible. At least, that's what the consequences should be. It's not a voluntary disclosure by my client, so it's not a waiver.

    Though a creative Deputy District Attorney out in San Bernardino did once try to argue otherwise. He asserted that when the police — sent by him — searched my client's house and seized communications with me, the attorney-client privilege had been "burst." That was creative.

  3. matt  •  Jun 28, 2009 @8:56 am

    please tell me that dda had a meeting with the ethics committee at least

  4. PatrickKelley  •  Jun 28, 2009 @9:07 am

    OT:

    Heads up, Michael Jackson might have faked his death. I have the video, taped from an early morning CNN broadcast (which has not since been repeated) that purports to prove it.

    If this is true, this is big.

    I'm also kind of curious as to what the legal ramifications could be, if any.

  5. matt  •  Jun 28, 2009 @9:15 am

    seriously??

  6. David Schwartz  •  Jun 29, 2009 @7:51 am

    Even if he faked his death, it's unlikely he would have survived two autopsies.

  7. mojo  •  Jun 29, 2009 @8:24 am

    Just keep repeating "The map is not the territory"…

  8. Barry  •  Jul 3, 2009 @6:06 am

    Last year a woman artist who made giant cozies to cover objects was detained at the Canadian border. They found drawings of an SUV coverered with material (the cozy) and decided it was an attempt to commit industrial espionage. (????).

    It too her sevral hours to convince them no crime was being committed.

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