Mark Graber at Balkinization has this post today about how a distinguished law professor, Walter Murphy, who has written some of the premier books used in schools, ended up on the no-fly list.
Murphy was travelling to attend an academic conference at Princeton when he discovered he couldn't check in curbside. When he went upstairs, he discovered he had been put on the no-fly list and required more scrutiny before being allowed on the flight.
"I presented my credentials from the Marine Corps to a very polite clerk for American Airlines. One of the two people to whom I talked asked a question and offered a frightening comment: "Have you been in any peace marches? We ban a lot of people from flying because of that." I explained that I had not so marched but had, in September, 2006, given a lecture at Princeton, televised and put on the Web, highly critical of George Bush for his many violations of the Constitution. "That'll do it," the man said. "
"After carefully examining my credentials, the clerk asked if he could take them to TSA officials. I agreed. He returned about ten minutes later and said I could have a boarding pass, but added: "I must warn you, they=re going to ransack your luggage." On my return flight, I had no problem with obtaining a boarding pass, but my luggage was "lost." Airlines do lose a lot of luggage and this "loss" could have been a mere coincidence. In light of previous events, however, I'm a tad skeptical."
I'm a tad skeptical of Murphy's story. First, being on the no-fly list doesn't, in fact, mean you can't fly. It means you have to go through extra security measures before you can board a plane. Inconvenient, I know, but not a bar.
Secondly, if he had given a speech critical of the Bush administration and then had tried to do something--say, assassinate the president--there would be screams that no one had paid any attention to this man "telegraphing" his intentions. It's a damned-if-you-do-damned-if-you-don't situation.
Finally, Orin Kerr at the Volokh Conspiracy points out that Murphy's name could have ended up on the no-fly list for other reasons.
The question is, why was the name "Walter Murphy" on the list? The Bush Administration has a lot of harsh critics; if being a harsh critic were enough to end up on the No-Fly list, wouldn't we have heard about it sooner? Professor Murphy's primary evidence that he was singled out for his speech is that when he mentioned it as a possible reason to an American Airlines clerk, the clerk responded "that'll do it." I wonder, though, would the airline clerk know? Perhaps, as the clerk apparently professed a lot of knowledge as to who gets on the No-Fly list. On the other hand, how much do you trust an airline clerk about something like this?
I'm also reminded of when Senator Kennedy's name ended up on the No-Fly list back in 2004. Based on news reports at the time, Kennedy's name wasn't on the list to harass Senator Kennedy. Rather, a suspected terrorist had at one point used an alias of "T. Kennedy," and the name was then entered into the database. I wonder, did something like that happen here?
There are lots of reasons, not all sinister, that Murphy's name ended up on the list. For one thing, "Walter Murphy" just doesn't strike me as a particularly uncommon name. I found seven for my metropolitan area.
I understand the outrage and concern some people have that we have become "a police state." But tightening security is the only way to try to prevent more terrorist attacks. Sure, it's inconvenient to take off your shoes every time you fly, but a little inconvenience--and that's what we're talking about here; no one was fingerprinted or required to give a DNA sample--is necessary to allow us all to be safer.
UPDATE: Somebody at Balkinization decided accusing the administration of thought police was probably thought policing the issue and has produced a more reasoned (and less shrill) argument about Murphy's experience. Methinks something new must have come out about the dear professor for someone on the left to have stopped the pearl-clutching for a few moments. But don't expect the moonbatosphere to actually report it.
Patterico gives his tale of oppression, as well.
Last night, I wanted another glass of Pinot Noir, but the waitress “didn’t notice” my frantic hand-waving and pointing at my empty glass.
That was because of my defense of the Scooter Libby prosecution.
Oh, sure, some waitresses are busy. But I clearly saw her look furtively at me from the corner of her eye. Yet she kept walking — all because I wouldn’t toe the line and trash Patrick Fitzgerald.
They got to her.
So I salute the valiant Prof. Murphy. And shame on naive fools like this guy, who say that Prof. Murphy’s name was not on the list for political reasons. Does he think he’s some kind of expert, just because he “spent more than four years reporting on watchlists, filing Freedom of Information Act requests, and talking with persons flagged by the lists”? Like that gives him some basis for knowing? Prof. Murphy heard it straight from the horse’s mouth: some guy behind the ticket counter!
Gosh, I feel left out that I haven't been oppressed.
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