Gilmore v. Gonzales

Gilmore v. Gonzales
Court United States Court of Appeals for the Ninth Circuit
Full case name Gilmore v. Gonzales
Argued December 8 2005
Decided January 26 2006
Citation(s) 04-15736
Case history
Prior action(s) U.S. District Court for the Northern District of California
Subsequent action(s) U.S. Supreme Court
Holding
That neither the identification policy nor its application to Gilmore violated Gilmore's constitutional rights
Court membership
Judge(s) sitting Associate Judge: Richard A. Paez
Senior Judges: Stephen S. Trott, Thomas G. Nelson
Case opinions
Majority Paez, joined by Trott, Nelson
Laws applied
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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 could still travel without identification if they instead underwent 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 precedent for the Court of Appeals for the Ninth Circuit.

Notes

  1. ↑ Egelko, Bob (2005-12-09). "Judges cool to ID complaint". San Francisco Chronicle. Retrieved 2008-06-11.
  2. ↑ Egelko, Bob (2006-01-27). "Man who wouldn't show ID at airport loses appeal". San Francisco Chronicle. Retrieved 2008-06-11.
  3. ↑ Egelko, Bob (2007-01-09). "Supreme Court rejects ID challenge". San Francisco Chronicle. Retrieved 2008-06-11.

See also

External links


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