Research Paper on "Airport Security Post 9-11"
Research Paper 7 pages (2149 words) Sources: 7
[EXCERPT] . . . .
Airport Security Post-9/11: Striking a BalanceAlthough airports around the world have all stepped up their security measures following the terrorist attacks of September 11, 2001, airports in the United States have become the focus of an increasing amount of attention in recent years because of the extremes that are being experienced by the flying public. Indeed, media reports of abusive practices by Transportation Security Administration (TSA) security personnel are commonplace, and critics of the recent addition of physical "pat-downs" and the use of full-body digital scanning technologies have argued that Americans who just want to fly are being turned into so many herded cattle stripped, apparently, of their fundamental constitutional rights when they set foot on airport grounds. Proponents of these enhanced security measures maintain that the unique qualities of flight in the post-9/11 world demand a reinterpretation of the Fourth Amendment right to privacy. To identify the facts in this debate, this paper provides an analysis of the relevant literature to determine whether an alternative approach to these draconian TSA measures is possible, and if so, to provide a recommendation to the Department of Homeland Security concerning an optimal approach to airport security. A summary of the research and important findings are presented in the conclusion.
Review and Analysis
Anyone who has flown in recent years can readily testify that navigating the security protocols at many major American airports involves a lengthy process that can become highly intrusive and even appear violative of 4th Amendment expectations of privacy, but many authorities and th
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Therefore, the fundamental issue involved in the debate over airport security measures relates to whether this right to privacy, the law of the land, somehow changes or becomes diminished in certain settings. In fact, the Supreme Court has held that although the Bill of Rights does not end at the schoolhouse door, educational administrators have an overriding need to maintain a secure and safe learning environment and certain exceptions to the Fourth Amendment are appropriate in some cases. Likewise, airports appear to have been particularly singled out for such exceptional treatment for similar reasons. For example, the same types of security measures that are being used at the nation's airports are not being used elsewhere, indicating that airports have been singled out as the transportation mode of choice for aspiring terrorists. Suggesting that the need for enhanced security in airports was obvious "even to children," Supreme Court Justice Souter emphasized in his opinion in United States v. Drayton that: "Anyone who travels by air today submits to searches of the person and luggage as a condition of boarding the aircraft. . . . The commonplace precautions of air travel have not, thus far, been justified for ground transportation . . . And no such conditions have been placed on passengers getting on trains or buses" (p. 1632). This view, of course, was reinforced by the fact that the 19 terrorists on September 11, 2001 used airplanes as their weapons to such horrific effect.
Given the unique context in which airports operate, then, the debate turns to whether the security measures that are being used are justifiable. Most authorities agree that improved safety in flight operations beings with airport security. For example, according to Wallis (2003), "In-flight security must begin on the ground" (p. 119). The level of security that is required to assure an acceptable level of safe operations remains the source of heated debate. Nevertheless, the security measures that are currently taken in the airport preparatory to flight have thwarted more than one terrorist attempt, and it is clear that there have been no recurrences of a September 11, 2001-type attack on the United States in the intervening years. These are certainly powerful arguments in support of the security measures being used in the nation's airports. Despite these achievements, there are a number of issues involved in the deployment and administration of innovative security procedures that transcend traditional methods that raise concerns about privacy invasion and the inordinate delays these procedures cause in busy airport terminals (Wallis, 2003).
In post-9/11 America, though, people who complain about these increasingly invasive security measures may even be viewed as unpatriotic at best and terrorist-sympathizers or even terrorists themselves at worst. The Fourth Amendment, however, does not specifically preclude the types of security measures that are currently being used in airports, nor does it specifically preclude even more drastic measures if the situation calls for them. For instance, according to one legal authority, "The language of the Fourth Amendment to the Constitution is inherently ambiguous. While the Amendment specifically forbids 'unreasonable searches and seizures;' it outlines parameters for proper search warrants but does not specifically describe when such warrants are required. As a result, some authorities have argued that a warrant-preference standard is not required by the Fourth Amendment and that only a general reasonableness standard is required to determine the constitutionality of searches and seizure" (Minert, 2006, p. 1632). This view is congruent with another legal authority, Lee (2010) who cites the need for law enforcement authorities in other real-world settings in the United States to take whatever steps are necessary in specific situations, steps that may even include pat-down searches and the seizure of any illicit material found as a result. In this regard, Lee (2010) points out that, "On the street, an officer with very little justification -- the Court calls it reasonable suspicion -- can briefly detain an individual and perform a patdown frisk of the person's outer clothing in a search for weapons" (p. 1404).
With respect to Fourth Amendment protections against warrantless seizures, extraordinary circumstances call for extraordinary law enforcement measures that this point is also made by Lee who emphasizes, "If the officer comes across a container on the suspect during the frisk, he may open that container without a warrant and it is likely that a court will uphold his warrantless search" (2010, p. 1404). The cost-benefit analyses that have been used by the courts to measure the impact of airport security measures in light of Fourth Amendment protections have consistently come down on the side of the government. For instance, Lee advises that, "The courts have consistently held airport security measures constitutionally justified as a limited and relatively insignificant intrusion of privacy balanced against the need to protect aircraft and its passengers" (p. 1404). A similar point is made by Minert who concludes, "If hijacking is assumed to be an extremely large risk to the public and if airport security searches (such as those provided by metal detectors) are considered to be minimally intrusive, then a preflight passenger search could be justified even if there is no individualized suspicion" (2006, p. 1632).
Taken together, the unique status of airports in post 9/11 America and the need for enhanced security measures to protect the flying public has created a situation that demands a different approach to communicating the objectives of these security initiatives to the American public.
In this regard, Minert (2006) suggests that, "A new Fourth Amendment approach is necessary to justify warrantless preflight searches of passengers boarding airliners because the prevailing approach is based on the misapplication of a set of exceptions in the Fourth Amendment" (p. 1632).
Indeed, the Transportation Security Administration should stop being defensive in its public relations approach to justifying these enhanced security measures. Indeed, the TSA should proudly advertise these security measures aggressively using social media networks and the mainstream media to get the message across that flying in post-9/11 America involves heightened security measures that are intended for people's own good. By confronting these enhanced security needs head-on rather than ducking behind a media smokescreen, the TSA could turn the tide of public opinion in ways that mirror the acceptance of such security measures by the citizens of Israel who realize that they are under attack and it is not paranoid to take such measures when in fact everyone is out to… READ MORE
Quoted Instructions for "Airport Security Post 9-11" Assignment:
Research Paper Checklist
1. The paper should be an analysis of an issue critical to the development of
the theory and practice of homeland security where the student
researches the issue, and prepares his or her original thoughts and at
least one credible recommendation related to future Homeland Security
policy. The recommendation should be part of the conclusion.
2. Review the assignment instructions before submitting your papers. Ensure
that your paper begins with a proper introductory paragraph, which
includes a strong topic sentence, supporting context for the topic sentence
and thesis statement, and the thesis statement as the last sentence of this
paragraph.
3. Ensure that your paper ends with a proper conclusion that includes how
the paper defended it thesis statement.
4. The analysis of ideas, positions taken (based on the research), and writing
must be clear and organized.
5. Use quotes and paraphrasing appropriately, and support positions taken
based on your sources. REMEMBER, the ***** is not allowed to be a
source for the paper.
6. First person narrative is not allowed in formal writing and papers unless it
is being quoted and referenced. Examples include, *****I think, I recommend,
we should, etc.***** In addition, avoid using personal pronouns in generally
since they are often used incorrectly. For example, students might write,
*****We should tighten border security***** when in fact, they are not employed by
the Border Patrol. *****We should strengthen the laws dealing with whatever,*****
when in fact, they are not members of the legislative body that passes
such laws.
7. Research papers must adhere to the APA Style guidelines. If you are not
familiar with the APA, take some time and review them. It is imperative
that students reference the work of others properly. Papers submitted
without in-text citations will not be graded.
8. The paper must be 2,000 words long, not counting the *****Title***** page and
*****Works Cited***** page and no longer than 2,500 words.
9. Ensure the amount of copied material in the paper does not exceed 30%
(not counting the *****Works Cited***** page).
10. Papers must be based on at least six, and preferably eight to ten credible
sources, which are properly listed on the Works Cited page and
referenced by citations according to the APA format.
11. Papers must be submitted in MS Word, preferably 2007, or 2010 format.
Students should not use formats other than *****.docx***** or *****.doc.*****
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review carefully the assessment report for your paper and make sure you
reconcile any instances of copied material identified to ensure they are
properly referenced. It usually takes less than hour (often, less than ten
minutes) for Turnitin to review papers. By submitting your paper for
grading through the Assignments section of the classroom, you
acknowledge having reviewed the Turnitin assessment and having
documented all sources appropriately. There may be instances where
you disagree with parts of the assessment. Just make sure that you
reconcile any instances of disagreement.
13. Avoid losing credit due to careless grammatical and spelling errors.
Students should use the Spelling and Grammar Checking function in MS
Word as part of their proof reading process. I use it automatically when
grading.
14. PREVIOUSLY SUBMITTED PAPERS OR PREVIOUS WORK MAY NOT
BE USED FOR THIS ASSIGNMENT. IF USED, THE GRADE IS AN
AUTOMATICE ZERO.
15. ENCYCLOPEDIAS AND COURSE TEXTBOOKS MAY NOT BE USED AS
SOURCES FOR THE RESEARCH PAPER
16. The paper should adhere to a consistent format
ï‚· Typewritten in double-spaced format with a readable style and font,
and submitted in MS Word
ï‚· Arial or Times New Roman styles, 11 or 12-point font
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How to Reference "Airport Security Post 9-11" Research Paper in a Bibliography
“Airport Security Post 9-11.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/airport-security-post-9-11-striking/7816522. Accessed 4 Oct 2024.
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