Gilmore v. Gonzales
Ninth Circuit
435 F.3d 1125 (2006)
After September 11, the federal government required airline passengers to present identification before boarding or submit to a more intensive search; John Gilmore (plaintiff) refused to do either and was denied boarding on his flight to Washington, D.C. Gilmore sued Southwest Airlines and Attorney General Alberto Gonzales (defendants), arguing the undisclosed policy was unconstitutionally vague in violation of due process, and separately violated his right to travel and to be free from unreasonable searches; the lower court reviewed the policy in camera after accepting the government's security-based justification for withholding it from public disclosure.
Whether a government policy requiring airline passengers to present identification before boarding, or else submit to a more thorough search, violates the Fourth Amendment or the constitutional right to travel.