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Government

TSA Deletes Passenger’s Camera Footage at Puerto Rico Airport Sparking Constitutional Questions

Oct. 1, 2012 5:20pm Liz Klimas

Although Carlos Miller, who maintains the advocacy blog Photography Is Not a Crime on Pixiq, generally writes about instances when police have taken cameras and deleted pictures or video footage, this time he’s bringing up a case involving the U.S. Transportation Security Administration.

Miller was emailed by St. Kitts-bound passenger Tom McCormack recounting how the TSA in Puerto Rico confiscated and allegedly deleted footage he was taking of them before returning his device. He began filming the TSA checkpoint when he was approached by an agent who said he had to stop. To this he responded that it was his Constitutional right, which the agent seemed to accept.

California Man Has Camera Footage Allegedly Deleted by TSA in Puerto Rico

McCormack, whose footage was allegedly deleted by TSA, recovered a short clip. (Image: YouTube screenshot)

Continuing through security though, after passing through the X-ray scanner, he says he was approached by two female agents and, wanting to film the encounter, took out his camera again. Here’s how he describes what happened next:

One of them approached me and violently ripped the camera from my hands. I was shocked and told her to give it back and lunged for my camera. They took my camera and passport and boarding pass and ran off to some corner to confer with one another.

A police officer approached and asked where I was from. I said California.

The conversation went like this:

Me: “I’m from California. Why?”

Him: “Well, each State has its own rules.”

Me: “But this is TSA. A Federal agency. Therefore the State laws don’t apply. Besides, the First Amendment of the Constitution trumps state rules.”

Him: “This is an airport. You can’t just videotape people. You need permission.”

Me : “Nonsense, this is a public arena. There is not permission required or any expectation of privacy here.”

Him: “No, Puerto Rico is not like the States. There are local laws that have nothing to do with the way they do things in the States.”

McCormack goes on to say he asked for the camera back. He eventually got it but as he was walking away, he found the cartridge, which held some personal photos, had been taken. He went back to the police officer, told him he wanted the card back, and threatened to call a lawyer. He got the card, McCormack wrote to Miller, but the videos were deleted.

The explanation McCormack says he received: “It must have fallen on the ground.” This one bit of footage was recovered. It is unclear who the woman is in the footage though, as it appears she is wearing regular clothes, not an official uniform:

The discussion regarding discrepancies between what Constitutional rights and laws would be applicable in this event, Miller writes, has been occurring on Flyer Talk. Here’s what the user mkt wrote (emphasis added):

Puerto Rico is US property, but is not part of the US. And we have a completely unique culture, which while compatible with US culture, is separate from it. Among those cultural elements are our own laws, our own constitution, and our own legal system.

[...]

And after showing this thread to 3 different local attorneys:

Believes that the OP violated the TSO’s right to privacy under Article 2, sec 8 of the Puerto Rico, since while they may be government employees, they are not considered public figures (elected). He said if this were to go to local court, you’d lose – you’d have to take it to federal court to have a chance of winning.

Believes that only government can infringe on a persons rights. However, they also believe that a case might exist where the TSO can sue to OP. Her words.. “he’s fu**ed”, and she cited this from the TSA’s own website:
“While the TSA does not prohibit photographs at screening locations, local laws, state statutes, or local ordinances might.”
And while not 100% certain, she believes that there is a local regulation that also prohibits video at SJU.

Believes the TSA’s right to privacy was violated, but cannot be sure until a court decides.

Another user on the site responded writing that filming in public places is recognized as a First Amendment right and that the U.S. Constitution does in fact apply in Puerto Rico. A part of the U.S. Constitution that does not apply to citizens in Puerto Rico though is voting in the general presidential election.

This story has been updated for clarification.

(H/T: Drudge Report)

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Comments (91)

Fisher1949
Posted on October 1, 2012 at 9:30pm
Air travel has become so hostile that it’s a wonder anyone flies anymore. Flyers are hit with deceptive and predatory pricing, seat fees, change fees, baggage fees and then assaulted and berated by the high school dropouts that TSA hires. Not a week goes by that there isn’t a report of some terrible abuse of a passenger or a TSA screener being arrested for a crime.

Since TSA has successfully destroyed the Fourth Amendment now they are trying eliminating the First Amendment and Delta and the other airlines are participating in the assault. Flyers need to boycott air travel and file complaints for every incident.

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- darkknight91
  Posted on October 1, 2012 at 10:19pm
  I refuse to fly. There’s nowhere i need to go where I can’t drive. No way will I bow down to the state.
  
  Report this comment
- carlraymiller
  Posted on October 1, 2012 at 10:33pm
  you want the TSA Gone you want our rights restored then you should check out David Jon Sponhiem google him he is running online refuses donations becouse he beleaves if he loses and Obama or Romney win they will need ever penny they get before you judge him he is a 3rd party candate i ask you to please google check his show out once or twice before you reply to this.
  
  David wants to get rid of the TSA who are not only Bullys but Perverts
  
  and for the record they try that with me they would be eating dirt its called theft of personal property.
  
  Report this comment
- mecanic
  Posted on October 1, 2012 at 11:13pm
  piss on the t.s.a. it’s about controlling us.
  
  Report this comment
- GhostOfJefferson
  Posted on October 2, 2012 at 6:59am
  The TSA *IS* a violation of the Constitution. And true to form, the SCOTUS refuses to hear any cases on their Constitutionality. This is what happens when you remove the history and morals of a free people, you get a long, drawn out and highly painful decay of society.
  
  Report this comment
- KevINtampa
  Posted on October 2, 2012 at 5:31pm
  I have driven tens of thousands of miles in the past 6 years, and have not flown once since I turned in my frequent flyer card. I don’t regret it. For three years I flew around the country for work. Airports became humiliating places for several reasons, that cattle herding at security points were a main factor but not the only factor. Besides, there’s more sense of freedom while driving. I may have just been burnt out on airports and flying, but reading about how much worse things have gotten since I gave up flying, I’m glad I gave it up when I did.
  
  Report this comment
2AM
Posted on October 1, 2012 at 9:25pm
Theblaze should hat tip Alex Jones, as it is infowars that reported it. Drudge didn’t write it, he just linked to their article. Pretty sleazy way to not credit competition for work they did. Why didn’t YOU break the story?

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- izzy1127
  Posted on October 1, 2012 at 11:33pm
  It’s not sleazy fool. The blaze picked it up from Drudge. If you enjoy Alex Jones so much, why come here? Apparently you have a grievance with The Blaze not giving Jones more credit. He’s a freak, and a liar. Go on and enjoy your “GOLD FOILED BABY” and maybe one day you can be a bilderberger.
  
  Report this comment
- 2AM
  Posted on October 2, 2012 at 1:56am
  You sure are coming across as hateful- name calling? Why not reinforce your argument instead of resorting to the abusive ad hominem? If Alex is such a “liar” then why are they following a lead he broke? According to you, it must be a lie. Why not hat tip the news stands where newspapers are purchased? Makes as much sense. Drudge is a fantastic vehicle for distribution, but he is rarely a content creator. The credit does not belong to him.
  
  Report this comment
- WAKEUPUSA2012
  Posted on October 2, 2012 at 10:01pm
  izzy1127
  
  We will see who will have the last laugh. The bible teaches a world government is coming. Now that anyones guess when it will be. AJ is a bellwether for the police state. Its not going to be the scary muslims who will try to set up a one world government. Read this article by Paul Craig Roberts, the asst treasury sec under Reagan.
  
  http://www.infowars.com/a-culture-of-delusion/
  
  Report this comment
sw12
Posted on October 1, 2012 at 8:42pm
It needs to be at least one day if not many were hundreds of American Citizens go to airports and just film the TSA

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- carlraymiller
  Posted on October 1, 2012 at 10:34pm
  I am gonna be making a video asking all American’s during this holiday season this year not to travel refuse to travel until the TSA is removed and real professionals are put in
  
  Report this comment
deloclem
Posted on October 1, 2012 at 8:38pm
Quit flying. Break the TSA. They can’t screen passengers if they have none.

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- tj1961
  Posted on October 2, 2012 at 2:28pm
  Saddly there are many people in this country who HAVE TO FLY and must go thru this crap from the TSA. Just have your lawyer’s phone number on your speed dial.
  
  Report this comment
- TheBurningTruth
  Posted on October 2, 2012 at 4:10pm
  Not flying won’t “break” the TSA. They’re a government agency funded NOT by those taxes we pay on our airline tickets, but by the general fund. If everyone stopped flying, the TSA agents would still show up for work and get a paycheck, they just wouldn’t have anybody to harass (possible loss of job satisfaction?). The TSA’s budget is already approved and paid for. Ironically, since the Demoncrats haven’t passed a REAL budget for over 3 years, they just get Continuing Resolutions, but that’s still a form of budget.
  
  Report this comment
right field
Posted on October 1, 2012 at 7:38pm
End the TSA. The TSA is nothing more than a bunch of Union thugs that have no respect for their fellow citizens or the Constitution. These pseudo cops act like Nazi’s and push little old ladies and innocent children and citizens around by using our so-called safety as an excuse. We can do better -

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- DenverKitty
  Posted on October 1, 2012 at 10:15pm
  Freedom 2012 = Romney-Ryan 2012.
  
  Report this comment
Ragnars Repos
Posted on October 1, 2012 at 7:07pm
Whine, whine, whine…but Americans don’t DO anything about the TSA.

You sheep don’t like what master does to you, but you don’t resist.

So, you will continue to live with master’s boot on your family members’ necks.

I’d take the threat of terrorism over the TSA tyrants, but I’m kind of old fashioned that way, I guess. Modern American sheep prefer the warm ‘n fuzzy “protection” of TSA goons.

Nothin’ like a TSA perv running his hands up ‘n down your wife’s body, ey American men? How do you stand for it?

What has happened to the people of this country that they will tolerate this? I just don’t get it.

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- Dr Vel
  Posted on October 1, 2012 at 8:18pm
  Lots of mouth there but we do not see you doing anything about it.
  
  Report this comment
- deloclem
  Posted on October 1, 2012 at 8:29pm
  Passengers who object to the TSA while being screened they get arrested and that’s why we put up with it, dufus.
  
  Report this comment
- izzy1127
  Posted on October 2, 2012 at 12:00am
  Now, you feel it is necessary to criticize everyone else. Does that make you feel more like a man? Is something lacking in your life so important that you have to include everyone in your little “bitch” fest? **** off dude, or dudette.
1HonestInjun
Posted on October 1, 2012 at 7:06pm
I find it ironic that in the dozen years since the TSA has been formed, that only a handful of
muslims have been caught like the shoe bomber when it didn’t ignite, yet hundreds of criminal acts
have been committed by the TSA. Perhaps we should hire muslims to catch crooked TSA agents.
Better odds.

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- sleezevil
  Posted on October 1, 2012 at 7:18pm
  The TSA is just another form of law enforcement specifically designed to harass and detain United States’ citizens. They make up the law as they go along and protect each other when they take away a person’s civil rights. If they were originally established to protect the American people against terrorists, then they have deviated completely away from that goal, opting to just treat everyone as terrorists.
  
  Report this comment
- deloclem
  Posted on October 1, 2012 at 8:32pm
  The TSA didn’t catch the shoe bomber. He was caught in mid flight trying to ignite the bomb.
  
  Report this comment
Ragnars Repos
Posted on October 1, 2012 at 7:02pm
Every time you do what the TSA tells you to do you are supporting them.

That American men would stand by while the TSA gropes and molests their wives and children shows you just how far the American male has fallen.

Resist, or get used to this kind of treatment.

It’s real simple.

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- mercenary4freedom
  Posted on October 1, 2012 at 7:32pm
  First one that tries feeling up my daughter is going to get curb stomped. You guys will read about it here & headline will read, “TSA Agent suffers skull fracture along with broken jaw, orbital bones crushed by disgruntled father stopping molestation of daughter”
  
  Report this comment
- razhunter100
  Posted on October 2, 2012 at 12:40am
  3months in jail(usually time served)
  thousands in fines and fees
  2-4yrs probation +fees…
  
  or 6months jail , no probation , no fees/fines.
  
  is what you get for boot stomping tsa.
  
  that was a few years ago, not sure what it is now…
  
  Report this comment
SunTzuYou
Posted on October 1, 2012 at 6:46pm
End the TSA

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- kenboo1
  Posted on October 1, 2012 at 6:59pm
  without doubt..
  
  Report this comment
Captain_America
Posted on October 1, 2012 at 6:35pm
The TSA is the closest thing to the KGB that Americans currently have to deal with until even worse and more unconstitutional thug creations of the federal monstrosity have been devised. Abolish this stupid and worthless agency and restore the quality and accountable private sector security that existed before this bully failure was created. 9/11 occurred not due to any failures on the behalf of private airport security screening, but stupid and failed federal airport security guidelines which allowed individuals with box knives unto airplanes and required pilots and staff to not fight back but surrender.

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- DrunkGOP_Hack
  Posted on October 1, 2012 at 6:46pm
  EXCEPT they are a bunch of FAT OLD SLOBS.
  Hell if they had to run they couldn’t catch you if they tried.
  
  Report this comment
In the O.C.
Posted on October 1, 2012 at 6:26pm
When our son was returning to active duty from Orange County’s John Wayne Airport we were, of course, not allowed to follow into the “wait line” as he was waiting to go through the x-ray machine along with the other 100+ people in line. I wanted to get just one more picture of him before we left. A TSA person approached me and said I had to stop and that I was not allowed to take another picture of our son. He hadn’t even reached the x-ray machine. But they watched me very closely and I was stuck. This whole thing SUCKS. I realize they’re looking for terrorists, but GOOD GRIEF. Our son is in the Navy, he was going back to the base at the other end of the nation, I wouldn’t see him for a whole year at least, and they wouldn’t let me take a picture of him as he was waiting in line. Very disappointing and upsetting.

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- Elena2010
  Posted on October 1, 2012 at 6:47pm
  Also unlawful.
  
  Report this comment
- mercenary4freedom
  Posted on October 1, 2012 at 7:10pm
  TSA couldn’t find a terrorist if they were up their ass. Obama set this amature operation up the way they have in the last 2 years to intimidate us and get the people used to authoritarian rule which is the way he wishes he coud have it. BUT…..Obama the wanna-be dick-tator is done. Americans are waking up by the masses. I just hope to God they continue to investigate him and we can get this seditious radical commi punk in prison! That goes for his old lady too,,,fking wook.
  
  Report this comment
rafa2design
Posted on October 1, 2012 at 6:23pm
Ha, if that passenger thinks this is bad, he needs to stay on the island a couple of weeks. Puerto Rico is so corrupt it’s not even funny. They play by their own rules there.

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Snowleopard {gallery of cat folks}
Posted on October 1, 2012 at 6:20pm
So once again we see why the TSA needs to be disbanded for good.

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All Pro
Posted on October 1, 2012 at 6:14pm
Thank you George W Bush and the republican accomplices for creating the TittieTestcleSqueezing Authority and thank you Joe Biden for writing the patriot act.
John Warner defense act
Patriot act
Homeland security act
National defense authorization act
Your 10 amendment rights have been effectively erased without so much as a whimper. I sure hope none of you think Romney is going to revoke any of this or nationalized Romney care.
WONT HAPPEN!

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- westtitus
  Posted on October 1, 2012 at 6:27pm
  I would vote for my dog before I would vote for Obama so case closed. Doesn’t matter who is running against Obama we deserve better than a socialist. Anyone spewing socialism or communism is a traitor to the United States of America. We are not the USSA, not yet anyway.
  
  Report this comment
- All Pro
  Posted on October 1, 2012 at 6:47pm
  @Westtitus
  You’d prefer Hitler to Stalin? It’s still socialism and you still lose……..BIG TIME!
  
  Report this comment
- Elena2010
  Posted on October 1, 2012 at 6:51pm
  I don’t even like dogs, and I’d sooner vote for your dog than Obama!
  
  Report this comment
- Bill Rowland
  Posted on October 1, 2012 at 7:50pm
  Whats your dogs name – we can start a write in campaign.
  
  OMG Nov 6, 2012
  
  Report this comment
sjrcg
Posted on October 1, 2012 at 6:10pm
It is legal for them to search the phone since the person is crossing an international border, deleting the video probably not.

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- SMOOSE
  Posted on October 1, 2012 at 6:20pm
  What international border??? Puerto Rico is part of the USA
  
  Report this comment
- loriann12
  Posted on October 1, 2012 at 6:26pm
  I guess since Puerto Rico is just a possession and not a state, that the constitution doesn’t apply? Obama will be so glad to hear that, as I’m sure he counted it in his 57 states.
  
  Report this comment
- Darmok and Jalad at Tanagra
  Posted on October 1, 2012 at 6:35pm
  So I guess when going to Hawaii or Alaska, the same rules apply?
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 6:42pm
  Hi loriann12,
  
  I guess their motto is, “If the US can possess us… we can possess your camera”.
  
  Report this comment
- Elena2010
  Posted on October 1, 2012 at 6:50pm
  Of course Puerto Rico is covered by the US Constitution, just as our other territories like D.C. which is not a state.
  
  Report this comment
Slayer
Posted on October 1, 2012 at 6:02pm
Wait, let me guess…
1) questions will be raised.
2) a discussion will occur
3) phone calls will be made
4) maybe an investigation will be launched
5) a strongly worded statement will be issued
6) nothing will get done. We will lose. And we will be content because we have cable TV, a couch, beer, and a roof over our heads.

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- sleezevil
  Posted on October 1, 2012 at 9:01pm
  (7) And, for the record, Pantera was a far tighter band on their worst day than Slayer was on their best day.
  
  Report this comment
JMJME
Posted on October 1, 2012 at 6:01pm
Listen up Federal Government. You work for the people. Your day is coming.

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- MEANS2RESIST
  Posted on October 1, 2012 at 6:23pm
  And the day when TSA & DHS thinks they want get frisky with us and we are forced to fight back, they won’t know what hit em!
  
  Same goes for the bluehats!!
  
  Report this comment
The-Monk
Posted on October 1, 2012 at 5:51pm
And they want to be the 51th State? No way Jose…..

Or, as Obama would say, the 58th State.

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- Move2Texas
  Posted on October 1, 2012 at 6:25pm
  They can be the 50th state. The Republic of Texas welcomes all that want to work for freedomm and have a valid passport.
  
  Report this comment
The-Monk
Posted on October 1, 2012 at 5:48pm
He should of had a data recovery done on the memory card.

I doubt they had time to wipe the footage permanently.

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- Armyduderetired
  Posted on October 1, 2012 at 6:18pm
  Dude…how’s the new job goin’? Stick to that….
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 6:46pm
  @Armyduderetired
  “Dude…how‘s the new job goin’? Stick to that….”
  
  Huh?
  
  What does “stick to that” mean?
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 6:57pm
  @Armyduderetired
  
  Come on back and please explain… “stick to that”.
  
  Report this comment
- grimmster
  Posted on October 1, 2012 at 7:04pm
  @The-Monk
  Armydude is encinom,the village idiot, and no he has never been in the military,but he is a durg addicted pos punk…….
  
  Report this comment
- Darmok and Jalad at Tanagra
  Posted on October 1, 2012 at 7:06pm
  Monk:
  Remember, don’t feed the trolls. Besides he is just upset that the only job he gets lately centers around mens rooms at city parks. He taps his foot really well.
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 7:27pm
  Got it… Armyduderetired is really Armyduderetarded.
  
  I haven’t read any of his posts before.
  
  The funny thing is.. is that I’m one of the best data recovery experts on the planet for flash media. From camera cards to thumb drives. Just no jobs here and I refuse to move.
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 7:30pm
  Oops… I meant non-Armyduderetarded.
  
  Report this comment
- justangry
  Posted on October 1, 2012 at 9:49pm
  Monk, I believe he’s a libertarian. There’s several Blazers that like to discredit us by saying we’re him/her or whatever. His posts are typically easily recognized as a Paul supporters. Not sure what he meant here.
  
  Also you owe Soy and I and explanation from last night. re: your training.
  
  Peace
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 10:05pm
  Hi Justangry,
  
  Will do. I’ll type some of it up and post it when both of you are on the same article. If you see Soybom let him know. : )
  
  Report this comment
- Eastinfection
  Posted on October 1, 2012 at 10:39pm
  @JUST & MONK… i perused that thread last night and started to wonder between chuckles if Monk’s a super-hero or something… so you can bet i will eaves drop on any explanation of Monk’s training/ sense of humor…. PS: Monk… Rate the Jesuits on a scale of 1-10 ;p
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 10:49pm
  Hi Eastinfection,
  
  I’ll be sure to include you.
  
  As for the Jesuits…. you still don’t get it. But that’s OK. : )
  
  Report this comment
- Eastinfection
  Posted on October 1, 2012 at 11:09pm
  MONK.. the Jesuits were a big part of MY life., it’s where i got part of MY sense of humor……
  
  Biggest cynics i ever met… is all i meant…
  
  Of, course 1/2 of them were social justice whacko’s…
  
  anyway: Jesuits= good sense of humor and pursuit of knowledge…… i get THAT.
  
  Report this comment
- Pontiac
  Posted on October 2, 2012 at 12:39am
  [He should of had a data recovery done on the memory card.]
  Yeah, he could of done it himself. Of course nothing is lost until it’s overwritten.
  http://www.piriform.com/recuva
  
  Report this comment
Exiled
Posted on October 1, 2012 at 5:48pm
I haven’t flown since TSA took over. Never been happier.

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manandwolf
Posted on October 1, 2012 at 5:39pm
should always back up your images before any checkpoint, big brother likes to have accidents, where dropping a memory card erases content? i refuse to fly boycott tsa

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- Wolf
  Posted on October 1, 2012 at 6:14pm
  It’d probably help to use a memory card that isn’t in ‘common use’ such as those on cell phones. Use CF cards- large, not a ‘standard’ for little toys and cell phones- and digital tape, not disc or card.
  Being a photog, if my equipment is taken in any locale, there’s going to be a problem since whomever takes it is interfering with my earning a living. This harkens back to memories of Xray machines and film… what nitemares.
  
  Report this comment
justangry
Posted on October 1, 2012 at 5:34pm
The TSA is unconstitutional.

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- The-Monk
  Posted on October 1, 2012 at 6:49pm
  Hi Justangry,
  
  Don’t forget their VIPER highway program…. : (
  
  Report this comment
- Darmok and Jalad at Tanagra
  Posted on October 1, 2012 at 6:59pm
  Hey Monk.
  
  And Martinizing, the biggest hoax ever perpetrated on the American Public.
  
  Report this comment
- The-Monk
  Posted on October 1, 2012 at 7:32pm
  Hi Darmok,
  
  LOL….
  
  Report this comment
dickdastardly
Posted on October 1, 2012 at 5:33pm
One by one our freedoms fall and soon it will become a police state if we do not take action…REAL action!!

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- justangry
  Posted on October 1, 2012 at 8:15pm
  You’re kidding, right? We are already a police state.
  
  Report this comment
ares338
Posted on October 1, 2012 at 5:29pm
Just wait till Puerto Rico becomes a state one day…..then they can really violate a persons rights.

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Darmok and Jalad at Tanagra
Posted on October 1, 2012 at 5:26pm
I know enough to never make a Puerto Rican woman upset, it’s almost as bad as upsetting a Filipino. No Buenos for Peppy.

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