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Wed, Oct 19, 2011

Could TSA Reauthorization Outlaw Parody?

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."

FMI: www.tsa.gov

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