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Since the September 11 terror attacks, the federal government and the
airlines have expended much effort to improve the security of flights. The
primary threats against which they need to protect are hijacking and planting
of bombs. The basic approach to alleviating these threats has been to
increase the intensity of searches of passengers and their luggage.
The hijacking risk is easy to deal with. Along with the cockpit
security that is already being implemented, there needs to be someone on
each flight who is capable of defending passengers and crew from assault.
The danger of destroying an airplane by depressurization due to bullet
damage has been dramatically exaggerated by action movies. Whatever real
danger exists to the plane itself can be eliminated by use of special bullets
that are incapable of penetrating the aircraft structure.
To start, at least the pilots should be armed with handguns. In
addition, I think we should consider relaxing restrictions on weapon
possession by passengers. Police officers should even receive a discount on
their tickets if they agree to go armed on their flights. This would improve
flight security against hijackers and remove one of the major reasons to
search passengers before boarding.
The bomb risk is more of a problem. There have been many instances
of planes being destroyed by bombs smuggled aboard in luggage. It is even
possible to damage or destroy the aircraft using explosives hidden in a
passenger's shoes or clothing. This possibility is used to justify the most
intrusive searches of passengers.
The least intrusive approach that I can imagine for dealing with this
real threat is the use of bomb-sniffing dogs on both passengers and luggage.
Even this doesn't seem foolproof. If we are to make bombing airplanes
impossible, it seems that we have to throw out the Fourth Amendment when
judging searches involving airline flights.
The problem with the previous paragraph is the word "impossible."
Let's think about some of the other possibilities for mass murder in our
society. What is stopping someone from dusting viral spores or chemicals in
public mail deposit boxes, restaurant tables, or a million other places? How
about setting off a car bomb while a suicide bomber drives over a major
bridge during rush hour? Or releasing poison gas in a mall or other crowded
public place? Any even slightly free society is completely vulnerable to such
acts.
If our standard of security is to be that mass murder is "impossible,"
everyone must be subject to search at any time, in any place. Nay, even a
standard of "difficult" requires scrapping the Fourth Amendment. Only a
total police state can be reasonably confident that terrorist mass murder can't
happen.
Once we give up all of our rights as air travelers, any terrorist incident
will prompt comparison of airport security with security in other places. It
will be shown that the power to search anyone, any time, works to secure air
travel. Why not extend that successful approach to cars driving down the
street, pedestrians strolling through a mall or on a sidewalk?
What alternatives do we have? If we are to remain a free nation, we
can never make it impossible or even difficult for someone to perpetrate a
mass attack on our civilian population. The only other approaches are to
make it costly to do so, and to avoid unjust policies that may prompt such
acts. Our government is currently engaged in making terrorism costly, in its
efforts in Afghanistan. We should also be looking critically at our
interventionist foreign policies that create enemies for our country.
It seems that until we can destroy existing terrorists and remove the
motivations that create more terrorists, our choice is between liberty and the
possibility of death. Give up the Fourth Amendment, or take a chance of
being shot, blown up or lethally infected. I stand with Patrick Henry in his
assessment of that choice: give me liberty every time.
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