What are you going to do about TSA tyranny?

These thugs who tell us that we are waiving our rights by purchasing an airline ticket forget that we have a right (albeit enacted by Congress) to air travel:

49 USC 40101(c)(2):
In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator of the Federal Aviation Administration shall consider the following matters:

(2) the public right of freedom of transit through the navigable airspace.

This is reiterated at 42 USC 40103(a)(2):

A citizen of the United States has a public right of transit through the navigable airspace.

Given I have this right, I therefore may exercise it without having to prejudice any other rights, for example, my right secured by the Fourth Amendment:

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.

The question therefore becomes whether the new TSA sexual assault guidelines are unreasonable. If they are unreasonable, wouldn't they need a warrant to seize my testicles if I decide to opt out of being subjected to the adverse health effects of the Nude-O-Scanner?

It is, without a doubt, sexual assault for anyone to touch my genitals without my consent. They get away with it by obtaining your consent before they do it.

So, I have to either be a porn star or a victim of sexual assault in order to exercise my right of freedom of transit through navigable airspace? The answer is no, I do not.

I have to consent to a search. See 49 USC 44902. The parameters of the search are set forth in 49 USC 44901(a). Nothing in this section says that I have to consent to sexual assault. However, regulations can be promulgated, and these regulations have the same force as a statute enacted by Congress. The list of regulations that are associated with this statute are found here. The applicable regulation is 49 CFR 1540.107:

No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter.

Again, no authorization for sexual assault, or requirement for me to consent to a sexual assault in order to exercise my right of transit through navigable airspace.

The thugs will say that they get to write "secret" policies that we then have to follow, but this violates the strictures of the federal Administrative Procedure Act and federal Register Act. Documents that have "general applicability" or "legal effect" must be published in the Federal Register. This is because in order to know what I am required to do, I have to be able to read it in an official place. Therefore, if I have to consent to sexual assault before I can exercise my right of transit through navigable airspace, that requirement has to be published.

It is not published. Anywhere.

The thugs at the gate do not know this and don't care. They only want to gawk at your tits or touch your junk. And they don't even change their gloves between assaults.

1. I consent to a search, not to sexual assault.

2. Show me the statute enacted by Congress or the regulation published in the Federal Register that requires that I consent to sexual assault in order to exercise my right of transit through navigable airspace.

All it takes is for about 100 people to show up all at the same time and distribute themselves strategically so that everybody who wants to be a porn star or get fondled has to wait behind us. We could bring the system to a screeching halt if we wanted to.

National Opt Out Day. Make it a day they will remember.