Aaron Tobey v. Terri Jones

I cannot join the majority’s decision permitting a damages action to proceed against Transportation Security Administration (“TSA”) agents who were faithfully performing one of the most essential functions in our posN9/ll age: protecting air passengers from the threat of air terrorism. We now view these events in the comfort of hindsight. But while some may consider plaintiff Aaron Tobey’s conduct to be cute or even funny in retrospect, it was no laughing matter at the time.

According to the facts alleged in his complaint, Tobey engaged in what his own counsel and the district court both…