10 votes

Gilmore v. Gonzales: Secret Law and the Right to Fly Without Showing Identification

The 9th Circuit Court of Appeals (California and nearby states) had a court case in 2006 called Gilmore vs. Gonzales.

Gilmore sued for the right to fly without showing ID. It turns out, that although TSA issues propaganda (now legal to do to Americans, thanks to Congress) that says that everyone MUST show ID in order to fly, there is actually a SECRET LAW (or regulation) that says that people DO NOT have to show ID.

A person can refuse to show ID and say they elect to be a "selectee" which means they will be searched, and then they can proceed to board the plane without showing ID.

In the HORRENDOUS decision, the court ruled that secret laws were just fine, that the government can hide laws and regulations and just refer to them in vague terms, and that they didn't see any evidence that TSA was also making demands of ID on passengers for bus and train travel, even though they are.

Anyway, this was a 2006 decision that might become important in that people CAN travel without showing ID. Just be a "selectee" and be searched (which is still a possibility regardless), and you are on your way.

Or at least, that's what the secret law/regulation supposedly said. The judges apparently didn't have the ba**s or the intellectual honesty to actually reveal the law/regulation itself.

Wikipedia has a short, and very poor write up:


This site explains it better:


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I can tell you that I've made

I can tell you that I've made it through security this way although today is the first day I understand why that was able to happen. I had managed to loose all forms of identification on my trip. When I explained my situation to TSA they allowed me to go through only after going through a full pat down, a scan. and a swab test.

What precisely does the "swab

What precisely does the "swab test" entail?

Ok...Video please, you first.

I opt out of the scanner already...every time. Very used to the TSA tactics. Let me see a person demonstrate this at the airport...then I might be all in. Do you have to show your ID to the airlines as they ask?? I will go second. LOL. This would make for an interesting video that would go viral if you have the balls to attempt it.

The airlines

are private companies. The TSA is the Federal Government and subject to the restraints of the Constitution.

Ron Swanson

I was going to say the same thing.

If I refuse to identify myself can the airline refuse service ? Face it, all the airline passenger list are filtered through no fly list so refusing to show an ID to TSA is like buying a fire extinguisher after your house burns down.