DISCRIMINATORY DEPLANING: AVIATION SECURITY AND THE CONSTITUTION

摘要

The previous sections indicate at least two viable avenues for finding state action in a pilot's discriminatory deplaning: public function and joint action. The 2001 Act was so comprehensive in scope and detail that it is plausible that the federal government has adopted aviation security as a public function. Pilots operating under that authority then become natural extensions of that authority. Alternatively, several examples borne out of recent cases indicate that pilots are often acting in concert with local law enforcement, blurring the lines between private and public actors. A continued refusal of courts to recognize such joint action effectively immunizes pilots' actions from constitutional scrutiny.