Legal scholars say there are two questions that likely must be answered: Do people have a constitutional right to fly, and when they do, is there a reasonable expectation of privacy? The answer to both, they said, is no.
"Most courts would say you consent to the conditions of flying, and if you don't want to go through security, don't fly," said Ronald Allen, a professor at Northwestern University Law School. "These are safety measures that are being used to grant access to this good."
Allen said the Fourth Amendment focuses on reasonableness.
"You have to compare the intrusiveness of the process with the risk you are trying to deal with," he said. "In this context, the risks are quite real and serious. There are people who still would like to blow up airplanes."
"Most courts would say you consent to the conditions of flying, and if you don't want to go through security, don't fly," said Ronald Allen, a professor at Northwestern University Law School. "These are safety measures that are being used to grant access to this good."
Allen said the Fourth Amendment focuses on reasonableness.
"You have to compare the intrusiveness of the process with the risk you are trying to deal with," he said. "In this context, the risks are quite real and serious. There are people who still would like to blow up airplanes."