Yes, Airlines Can Kick You Off For Your "ZOMG Terrists Gonna Kill Us All" Shirt

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Arijit Guha may be a post-doctoral candidate at Arizona State University, but it seems like he has a second career as man who rages against The Man. Earlier this summer, Guha, who suffers from advanced colon cancer, described his plight trying to deal with Aetna, who dropped him, leaving him to face over $100,000 in medical bills (Aetna decided to cover it, after Guha's friends rallied to the Internet—Guha also started Poop Strong). And this month, Delta Airlines refused to let him board a plane from Buffalo, because he was wearing a "ZOMG Terrists Gonna Kill Us All" t-shirt.

You can read Guha's account of the August 18 incident here, but here's one part, after he and his wife made it through security fine and after being questioned at the gate by Delta and the TSA ("The agents inquired as to the meaning of the term 'ZOMG' and who it was that I thought was 'gonna kill us all.') and got the okay to board the plane if he changed his shirt (and another security check of baggage):

Despite what I saw as my right to wear a shirt that expresses my feelings about our Kabuki Security Theater, and a fairly ridiculous over-response to the matter (I had, after all, worn the same shirt at least the last five times I’d flown without any incident whatsoever), I agreed to the stipulations set forth by the Delta supervisor.

Soon afterwards, once the boarding process had commenced, the Delta supervisor pulled me aside again — this time accompanied by not only three TSA agents, but also multiple Niagara Frontier Transportation Authority transit police. I was questioned some more and my wife was also pulled out of line for additional questioning and screening. Our bags were searched, my shirt was photographed, we were asked multiple questions about the cause of our visit, how often we make it to western NY, and our drivers’ license numbers were taken and radioed in for what seemed to be a quick background check.

At this point, the TSA agents appeared satisfied we had nothing suspicious in our luggage and that we posed no threat. However, the Delta supervisor informed us the pilot had decided, regardless of the outcome of the multiple TSA screenings and my willingness to change shirts, that due to the discomfort my shirt has caused, my wife and I would not be allowed to board the aircraft. Passengers on the plane supposedly felt uncomfortable with my very presence on the flight. And the Delta manager went out of his way to point out that he wholeheartedly agreed with the pilot’s decision.

While Guha has pointed out that Cohen Vs. California said a man's "Fuck the Draft!" shirt, worn in a courthosue, was allowed via the First Amendment, a First Amendment lawyer tells the AP that the airlines are within their rights to make passenger change their clothes. Referring to Guha's situation, as well as the one where a woman was kicked off American Airlines for her "If I wanted the government in my womb, I'd fuck a senator!" shirt, "The First Amendment prohibits government from limiting a person's free-speech rights, but it doesn't apply to rules set by private companies, Larsen says. He notes that government security screeners didn't challenge Guha; private Delta employees did."

And Kenneth Quinn, an aviation lawyer and former chief counsel for the FAA, said, "It's like any service business. If you run a family restaurant and somebody is swearing, you kindly ask them to leave." So ladies, KEEP YOUR CLEAVAGE OFF THE PLANE.