Language In House Resolution 3011 Raises Eyebrows, Dander
A bill has been introduced in the US House of Representatives
which would reauthorize the Transportation Security Administration,
and it contains language which has brought concerns that those who
parody the TSA or the Federal Air Marshal program could face
reprisals from the feds.
Specifically, Section 295 of the bill would amend Section 709 of
title 18, United States Code, to threaten the following:
"Whoever, except with the written permission of the Assistant
Secretary for Transportation Security (or the Director of the
Federal Air Marshal Service for issues involving the Federal Air
Marshal Service), knowingly uses the words ‘Transportation
Security Administration’, ‘United States Transportation
Security Administration’, ‘Federal Air Marshal
Service’, ‘United States Federal Air Marshal
Service’, ‘Federal Air Marshals’, the initials
‘T.S.A.’, ‘F.A.M.S.’, ‘F.A.M.’,
or any colorable imitation of such words or initials, or the
likeness of a Transportation Security Administration or Federal Air
Marshal Service badge, logo, or insignia on any item of apparel, in
connection with any advertisement, circular, book, pamphlet,
software, or other publication, or with any play, motion picture,
broadcast, telecast, or other production, in a matter that is
reasonably calculated to convey the impression that the wearer of
the item of apparel is acting pursuant to the legal authority of
the Transportation Security Administration or Federal Air Marshal
Service, or to convey the impression that such advertisement,
circular, book, pamphlet, software, or other publication, or such
play, motion picture, broadcast, telecast, or other production, is
approved, endorsed, or authorized by the Transportation Security
Administration or Federal Air Marshal Service;’...
"...Shall be punished as follows: a corporation, partnership,
business trust, association, or other business entity, by a fine
under this title; an officer or member thereof participating or
knowingly acquiescing in such violation or any individual violating
this section, by a fine under this title or imprisonment for not
more than one year, or both."
It's obvious those who report on or parody the TSA, ANN
included, are not making any attempt to represent ourselves as the
TSA. But despite the fact that similar language already protects a
number of other federal agencies, and given the low regard in which
TSA itself appears to hold the Fourth Amendment to the United
States Constitution, some are wondering whether TSA critics could
have to defend themselves from federal charges.
In a contributution to infowars.com, Kurt Nimmo writes, in part,
"In the past, satire was protected under the First Amendment, but
it may soon be illegal to poke fun at the TSA or use its logo or
even utter its name. Notice there is no exception...for parody.
"Since they began irradiating citizens with naked body scanners
and shoving their hands down the pants of old ladies and grade
school kids, public outrage has reached a crescendo."