ACLU sues Federal Air Marshal Service

Marshals not allowed to exercise free speech, suit says

The Federal Air Marshal Service is squelching the First Amendment rights of its rank-and-file employees by not allowing them to speak out about alleged security lapses in the commercial airline industry, the American Civil Liberties Union charged in a lawsuit Thursday.

The lawsuit, which claims the policy of not allowing air marshals to speak to the press or public is unconstitutional, was filed Thursday on behalf of Frank Terreri, an air marshal based in Los Angeles. Terreri, currently on non-flying administrative status due to a disciplinary proceeding unrelated to the current lawsuit, has been in a long-running dispute with air marshal officials to correct several policy areas he believes compromise commercial air travel.

�One of the fundamental lessons of the horrific events of 9/11 and the heroic efforts of the 9/11 widows to force the Bush administration to set up the 9/11 commission is that secrecy can be the enemy of accountability and good security,� said Peter Eliasberg, an ACLU lawyer in the group�s Southern California office.

'Secrecy can be the enemy of accountability and good security.�


� Peter Eliasberg
ACLU attorney

�Unfortunately, the Federal Air Marshal Service has not learned this lesson,� Eliasberg said. �Instead of promoting accountability they have set up a series of rules that are so restrictive that our client, Mr. Terreri � can�t appear here today or speak with any of you any day or any time.�

David Adams, a spokesman for the Federal Air Marshal Service, declined to comment on the specifics of the litigation, saying the agency hadn�t yet seen anything from the court. However, on the general issue of whether air marshal policies restricting speech were unconstitutional, Adams said, �We never violate anybody�s civil rights; however, we are strictly adhering to Department of Homeland Security policies on these issues.�