Many respondents expressed concern that the proposed rule would kill the popular airshow passenger flights in World War II-era B-17s, B-24s and other large warbirds. Other comments addressed charitable activities, such as those of the Corporate Angel Network, where checking no-fly lists might impose unacceptable delays in approving the carriage of a sick child. Even worse might be the plight of seriously injured people requiring immediate airlift in an EMS Learjet or King Air when every minute counts. Several respondents questioned whether the TSA has the Constitutional authority to impose security demands on purely private interstate travel by U.S. citizens.
Commenters wondered whether the proposed rule violates the First Amendment’s guarantee of freedom of assembly; the Fourth Amendment’s protection against searches without probable cause; and the Tenth Amendment’s limit on federal powers.
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