Crime

Naked TSA Protester Cleared of Indecency Charges, Judge Cites Protected Speech

Oregon Judge Rules Mans Nude Protest Against TSA in Portland Airport Was Protected by Free Speech Law

John Brennan celebrates being cleared of charges for stripping naked in protest of TSA's treatment in April. (Photo: AP/Rick Bowmer)

PORTLAND, Ore. (The Blaze/AP) — In April, an Oregon man was fed up with feeling exposed during airport screenings by the Transporation Security Administration. Taken to court over indecent exposure for his actions, on Wednesday a judge cleared him of charges for his public nudity to protest what he considered invasive measures.

(Related: Revealing Vid: Man Strips Naked to Protest TSA)

“I was aware of the irony of removing my clothes to protect my privacy,” Brennan said from the witness stand on Wednesday.

Multnomah County Circuit Court Judge David Rees ruled that John Brennan’s act was one of protest and therefore, protected speech.

Watch the Oregon Live report of the court’s decision where Brennan says he believes this shows “nudity is protected speech in Oregon”:

Multnomah County Deputy District Attorney Joel Petersen argued that Brennan’s strip-down was an act of indecent exposure.

On April 17, Brennan arrived at the airport intending to take a business trip to San Jose, Calif. He works with groups in Silicon Valley and flies out of Portland International Airport about once a month.

Here’s the revealing video:

When he reached the gate, he declined to go through the airport’s body scanners, instead choosing the alternative metal detector and body pat-down. After the pat-down, Transportation Security Administration officer Steven Van Gordon detected nitrates on the gloves he used to check Brennan.

“For me, time slowed down,” Brennan said. “I thought about nitrates and I thought about the Oklahoma City bombing.”

Oregon Judge Rules Mans Nude Protest Against TSA in Portland Airport Was Protected by Free Speech Law

Photo released by the Multnomah County Sheriff's Office after Brennan's arrest. (Photo: AP/Multnomah County Sheriff's Office)

Brennan said before his trial that after months of angst every time he went through security, the nitrate detection was the final straw for him, a wordless accusation that he was a terrorist.

So he took off all his clothes.

A TSA agent stacked plastic crates high onto several carts and positioned them around Brennan. Port of Portland police arrested Brennan and took him to the Multnomah County Jail.

Brennan, 50, demanded a jury trial in early May, but was turned down.

Brennan insists he didn’t come to the airport intending to protest. He had called the Port of Portland – which operates the airport – a year earlier to ask whether Oregon’s rules involving nudity applied at the airport. Brennan said he was told that they did. Brennan said in court that he asked because he had considered nudity as an act of protest, but hadn’t found cause to strip down.

The law says that naked people are only breaking the law if they’re having sex in public or got undressed “with the intent of arousing the sexual desire” of another person.

But if Brennan truly was acting in protest, Petersen asked, then couldn’t anyone be arrested while naked make the same claim?

“Any person naked for any purpose will be able to say it was protected speech,” Petersen said.

Portland would be an interesting test case for such a question. After all, this is the city with the World Naked Bike Ride, before which police simply send out a light admonition to “all riders at least wear a helmet and shoes.”

As Brennan left the stand Wednesday, he said that his protest was also intended to give the TSA an idea of the effect its policies had on travelers, especially the body-scanners that produce images of passengers without clothes on.

“I wanted to show them it’s a two-way street,” he said. “I don’t like a naked picture of me being available.”

(H/T: Wired)

Comments (29)

  • Chuck T
    Posted on July 20, 2012 at 11:11pm

    Because of lawyers and skewed courts, we seem to have overlooked one little detail: behavior is not speech; it is an action. And there are some actions that used to be universally deemed as inappropriate or offensive to the best interests of the public. But then, there used to be a requirement for personal responsibility in one’s speech as well.

    Report Post »  
  • Meyvn
    Posted on July 20, 2012 at 7:41pm

    I’m way sick of the TSA, but speech? C’mon.

    Report Post » Meyvn  
  • FEWL
    Posted on July 20, 2012 at 9:35am

    YES – another way to fight the TSA! Now, if we could only get the Dallas Cowboys Cheerleaders to lead a group protest live on YouTUBE! Whoo hoo, I love free speech baby.

    Report Post »  
  • woodyee
    Posted on July 20, 2012 at 12:43am

    Now there’s an American MAN. Had he had a child with him that was patted down, he’d be in jail – proudly.

    We need more like him.

    Report Post » woodyee  
  • bruce_baker
    Posted on July 19, 2012 at 11:38pm

    The real solution to TSA overreach is to elect moral people who believe in the U.S. Constitution into office. Too bad that can’t happen until enough of the American people are educated enough in the importance of moral principles. The communists have perverted the government, the media, the churches, the schools and the entertainment industry to the point that many young people don’t have any idea what the Constitution says and how this country was supposed to work. God help us.

    Report Post » bruce_baker  
  • sarababe
    Posted on July 19, 2012 at 11:19pm

    If you are looking to try something new, the clothes free lifestyle could be your answer to meeting new nudist friends who look just like everyone. Naturistmingle is the best choice for you! Enjoy our clothing free lifestyle! Nothing wrong with being naked as long as you enjoy it and can handle it. We are all born that way!

    Report Post »  
  • CapitalismWorks
    Posted on July 19, 2012 at 9:36pm

    No doubt the TSA sucks. Not even a debatable matter.

    That said, to the writers of the Constitution, freedom of speech meant words coming out of a persons mouth. Period. This is just one more sad, in this case embarasing, example of how the Supreme Court has re-written the Constitution for us.

    Report Post » CapitalismWorks  
  • Latter-Day-Soldier
    Posted on July 19, 2012 at 9:13pm

    Hey Blazers,

    I have a link for an on-line petition to force the T.S.A. to follow the laws that a court ordered them to comply with over a year ago. You have to have a whitehouse.gov account to sign up and an existing email to verify with too, if anyone is worried about “kill lists” (which some people claim there are) you can make a “throw away account for just this petition. This petition requires a total of 25,000 signatures by the 9th of August and current signatures are at just below 15,000, roughly 10,200 additional signatures are still needed at the time of this post.
    If you have not signed up, PLEASE do so, if you have signed already, spread the word around.

    https://petitions.whitehouse.gov/petition/require-transportation-security-administration-follow-law/tffCTwDd

    Report Post » Latter-Day-Soldier  
  • face.chewer
    Posted on July 19, 2012 at 8:29pm

    He should be charged for indecency for wearing those obscene eyeglasses. Good Lord Almighty, they are the most hideous I’ve ever seen. A crime against humanity I say.

    Report Post »  
  • blazingaway
    Posted on July 19, 2012 at 7:31pm

    I love it. … I hope we will have more strip naked protests in the airport … It will certainly make the wait far more interesting …perhaps TSA will keep the lines moving to avoid more naked protests.

    Report Post » blazingaway  
    • loriann12
      Posted on July 19, 2012 at 8:03pm

      You haven’t seen the travelers…oooh, yuck, thanks for putting that image in my head.

      But seriously, I thought they didn’t change gloves between passengers….he found nitrates ON THE GLOVES HE USE TO SEARCH HIM? Really? That’s what this has come to? That’s like dirty cop dropping drugs when they search someone and say, hey, this fell out of his pocket…

      Report Post »  
  • NOT-A-MUSHROOM
    Posted on July 19, 2012 at 6:40pm

    This opens a whole new door for public flashers and the other pervs.

    Report Post » NOT-A-MUSHROOM  
  • Helpful
    Posted on July 19, 2012 at 6:16pm

    I’ve thought about wearing a Swimming trunks. and Sandals ? Would be a whole lot Cooler, I think everyone should wear their Bathing Suits……………………what could they do……

    Report Post »  
  • ion
    Posted on July 19, 2012 at 6:08pm

    Truth be known, they had to let him go for a lack of evidence :)

    Report Post »  
  • FEMALL
    Posted on July 19, 2012 at 6:07pm

    Poetic Justice!

    Report Post » FEMALL  
  • Bentham_must_die
    Posted on July 19, 2012 at 6:01pm

    So free speech does cover naked protests at the airport and hustler magazine but not prayer at high school football games or bible study at your home. I am getting mixed signals. I think I need someone to make me a list of what is and what is not covered by the 1st amendment.

    Report Post »  
  • hi
    Posted on July 19, 2012 at 5:58pm

    Why did he test positive for nitrates?

    Report Post » hi  
  • The-Monk
    Posted on July 19, 2012 at 5:49pm

    Love it !!!!

    Hey TSA…… it now stands for Tough Sh1t ********.

    I hope more people do this now that precedent has been set. LOL

    Report Post » The-Monk  
  • barber2
    Posted on July 19, 2012 at 5:49pm

    I think this guy should have been prosecuted for “ cruel and unusual punishment ”….by his fellow passengers in the security area.

    Report Post »  
    • booger71
      Posted on July 19, 2012 at 6:10pm

      No kidding, why couldn’t a Hawaiian Sun girl have done the protest, not some hairy,fat white guy.

      Report Post » booger71  
  • jungle J
    Posted on July 19, 2012 at 5:47pm

    he is either a degenerate or a patriot….or both.

    Report Post »  

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