Gilmore v. Gonzales
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| Gilmore v. Gonzales | ||||||||
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 United States Court of Appeals for the Ninth Circuit |
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| Argued --- December 8, 2005 Decided --- January 26, 2006 |
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| Holding | ||||||||
| That neither the identification policy nor its application to Gilmore violated Gilmore's constitutional rights | ||||||||
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| Case opinions | ||||||||
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Gilmore v. Gonzales, 435 F.3d 1125 (9th Cir. 2006), was a lawsuit filed by John Gilmore[1] against various United States executive and independent agencies and departments, and United Airlines. Gilmore claimed that being required to show identification in order to travel by plane inside the country is an unconstitutional restriction of his rights to travel, to petition government, and to speak anonymously. Gilmore also complained about being subject to "secret law," when the airlines and government refused to show the directive under which they were requesting ID.
The district court and Ninth Circuit Court of Appeals sided against Gilmore,[2] holding there was no constitutional violation because air passengers can still travel without identification if they instead undergo the more stringent "secondary screening" search. While the court saw the Security Directive in camera, the public still has not been permitted to see the text.
Gilmore petitioned for certiorari to the U.S. Supreme Court, but in January, 2007 the court declined to hear the case.[3] As a result, the case is common law for the Court of Appeals for the Ninth Circuit.
[edit] Notes
- ^ Egelko, Bob. "Judges cool to ID complaint", San Fransisco Chronicle, 2005-12-09. Retrieved on 2008-06-11.
- ^ Egelko, Bob. "Man who wouldn't show ID at airport loses appeal", San Fransisco Chronicle, 2006-01-27. Retrieved on 2008-06-11.
- ^ Egelko, Bob. "Supreme Court rejects ID challenge", San Fransisco Chronicle, 2007-01-09. Retrieved on 2008-06-11.
[edit] External links
- Gilmore v. Gonzales at PapersPlease.org
- Justices won't intervene in terror case, CNN, January 8, 2007
- Text of the 9th Circuit decision from the court's web site
- Supreme Court Order Denying Certiorari, Order List 549 US, January 8, 2007, p. 3.
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