Follow up to the “secret law” appeal at the 9th Circuit
As you may recall, the U.S. Attorney General claimed that a “secret law” required air travelers to show identification before they will be allowed to fly. The U.S. Attorney General claimed the law could not be described, and would only show it to the court, not to opposing counsel.
This is the United States. We don’t have secret laws.
Or do we?
The 9th Circuit apparently “stated that secret laws that constrain the exercise of constitutional rights are constitutional, as long as they are not “penal statutes.” (Link.)
Although the plaintiff/appellant lost, it also clarified that airline passengers cannot be required to show identification. Instead, passengers can opt to be searched as if they were one of the randomly-selected individuals that are searched every day.
It does not appear that the Transportation Security Agency is aware of this rule, however. Signs still show you must show identification in order to travel. The Identity Project is spearheading a “Freedom Flier” project, encouraging individuals to take advantage of their right to travel anonymously so that the right is not lost through disuse.
