Sad day for Freedom to Travel
I very much doubt that John Gilmore was ever given the choice of show ID OR be searched in order to board a domestic bound aircraft. Instead the idea that there are "other ways to get around" is totally besides the point. Why should a democratic government have "secret" regulations? Why aren't these regulations up front so that all Americans can know precisely what the rules are, and WHY those rules are in place? When was there an NPRM regarding these rules? When were we given any comment period, or time to lobby our representatives?
This is a case about far more than being asked to "show your papers" before traveling within the US.
JURIST - Paper Chase: Federal appeals court upholds airport ID regulations:
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday dismissed [PDF opinion] a lawsuit challenging federal airport regulations that require passengers to show identification before boarding airplanes. Libertarian activist John Gilmore [advocacy website; case materials] had argued that the regulations, which have not been publicly disclosed, constituted an illegal search and violated his right to travel freely. The federal appeals court reviewed the regulations in private and rejected his arguments, saying that the regulations are not overly intrusive. The court noted that under the policy, passengers not wishing to show an ID can submit to searches and also said that the regulations didn't restrict Gilmore's right to travel freely because he had other ways of getting around. AP has more.