School of the Americas protest ruling [11th Circuit]
School of the Americas protest ruling [11th Circuit]

Bourgeois et al. v. Peters et al., United States Court of Appeals for the Eleventh Circuit, October 15, 2004 [ruling that fear of a terrorist attack is not a sufficient justification to search protestors]. Excerpt:

While the threat of terrorism is omnipresent, we cannot use it as the basis for restricting the scope of the Fourth Amendment's protections in any large gathering of people. In the absence of some reason to believe that international terrorists would target or infiltrate this protest, there is no basis for using September 11 as an excuse for searching the protestors.

Read the the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.