http://www.cnn.com/2004/LAW/10/16/protesters.terrorism.ap/index.html
Terror fears don't trump Constitution, court rules
ATLANTA, Georgia (AP) -- Fears of a terrorist attack are not sufficient
reason for authorities to search people at a protest, a federal appeals
court has ruled, saying September 11, 2001, "cannot be the day liberty
perished."
A three-judge panel of the 11th Circuit Court of Appeals ruled unanimously
Friday that protesters may not be required to pass through metal detectors
when they gather next month for a rally against a U.S. training academy for
Latin American soldiers.
Authorities began using the metal detectors at the annual School of the
Americas protest after the terrorist attacks, but the court found that
practice to be unconstitutional.
"We cannot simply suspend or restrict civil liberties until the War of
Terror is over, because the War on Terror is unlikely ever to be truly
over," Judge Gerald Tjoflat wrote for the three-member court. "September 11,
2001, already a day of immeasurable tragedy, cannot be the day liberty
perished in this country."
more...
http://www.cnn.com/2004/LAW/10/16/protesters.terrorism.ap/index.html