From the Department of Dubious Defenses: Shouting Fire in a Crowded… Airport?
In the wake of our recent post about a dubious defense, here’s another one:
A lawyer for an MIT student held at gunpoint after she walked into Logan International Airport wearing what authorities believed was a bomb asked a judge to throw out the charges Friday, saying the device was a legitimate form of free speech….Thomas Dwyer Jr., a lawyer for Simpson, said his client didn’t think her shirt would scare anyone. He said she’d been wearing the shirt for several days on the Massachusetts Institute of Technology campus, and it had not alarmed anyone….
“People make these objects part of their identity. It’s a part of their personal expression,” he said. “They are legitimate forms of First Amendment expression.”
Writes Blogonaut:
[A] 9mm round from an airport police handgun might be a legitimate “free speech” reply to a person with a battery-powered rectangular device on their chest with flashing lights and apparent plastic explosive in their hands.
The marketplace of ideas. Ain’t it grand?
P.S. Is the Tom Dwyer involved in this case the well-regarded Thomas E. Dwyer, Jr., of Dwyer & Collora (formerly Dwyer, Collora & Gernter, before Nancy Gertner was appointed to the federal bench)? If so, we’d expect a former state and federal prosecutor to offer a more compelling defense.
P.P.S. In fairness to Dwyer, another argument he’s making — that state law does not clearly define a “hoax device” — seems stronger.
Woman charged with wearing fake bomb says device was free speech [Worcester Telegram via Blogonaut]
Earlier: From the Department of Dubious Defenses




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If she was suing them for stopping her, I'd call BS, but I don't see how they can criminalize this.
Quote the Raven, "never-first"...
nothing more than post 9-11 hysteria.
The statue may be too vague, and she might not have had the requisite intent.
But "free speech" seems like a stretch, since this was conduct.
12:37(1) - You don't? Also, she was clearly trying to get noticed and stir some sort of response . . . that's why she did this. The shirt, in an airport, is questionable enough, but clay in her hands? Come on. Then again, I often wear a white sheet around my pointy head in the summer to keep cool. I do so when making nooses for fishing lines. My favorite place to do so is in front of black churches. What's the problem?
I love how the MIT student had "been wearing the shirt for several days on the Massachusetts Institute of Technology campus . . . ." That alone should have "alarmed" people. Stinky.
Yeah, it's the same Thomas Dwyer...
12:42(2)
Conduct can be "speech" for first amendment purposes. That is not to justify this idiot's behavior but I think you need to retake con law if you contend speech has to be spoken words (which is the inference I draw from your post)
Wait a minute...
"He said many young people are fascinated by technology and wear clothing with flashing lights."
Seriously? Aside from those kids' sneakers, and night-time bicyclists, who wears clothing with flashing lights? Show of hands?
Damn, 12:53.
Bong Hits 4 Star Simpson!
This was a teenager wearing an engineering shirt that she was proud of - not a bomb hoax. Boston has developed a reputation for flipping out over harmless flashing lights. There's no need to charge this kid in order to justify their paranoia.
If officials in Boston can't keep it together long enough to distinguish real threats from their paranoid fantasies, then it's time for new leadership in that town - not criminal charges.
tom dwyer seriously rocks. i wish i was working for him...
Airport Security should have just capped her ass. Score one more for Darwin!
Why the hell would she be proud of it? what was there to be proud of? Even if her little breadboard performed a function, it was horribly constructed, it was a shitty wiring job. For what a couple of 555 times and LEDS?
Hey, the shooter girl at Cottoneyed Joes used to wear a bikini top with flashing lights, and nobody complained...........
Must be the nascent fascist state!
12:53-the shirt didn't alarm anyone at mit because it's just a breadboard with a few wires, a battery, and some leds hanging off of it. it's everything they hand you first day as a ee major, pretty much anywhere. dumb as it was to wear the thing to the airport, it's not hard to piece together an innocent (and really, really nerdy) thought process that led her to think it was ok to walk around anywhere with it. she should get a slap on the wrist and no more
Let's keep in mind that airport security is only theatre. It doesn't do ANYTHING as far as legitimate security concerns or activities. It's just jobs and showmanship, not some serious program.
I think she ought to be set free, and the rest of us as well.
12:42/1
I would like to watch your reaction to someone walking into your office with a wired flashing device on his/her shirt and holding some putty in his/her hand - I bet you would likely s**t your pants. Post 9-11 hysteria? You're a total d-bag.
I'm all for free speech, but if they would have "accidentally" popped a cap in this bitch, I'd understand. She came to the airport where two of the 9/11 planes were hijacked wearing a hooded sweatshirt with wires, flashing lights, and a battery on it, and she had playdough in her hands. Not only is this poor taste but it's plain stupid. They should have Amadou Dialloed her azz.
Was Amadou the one that got shot 41 times, or that got the Jim Hensen treatment?
I think anon former engineer has it right. From Wikipedia's "MIT Hacks" page:
One notable hack attempt targeting the 1948 Harvard-Yale football game involved the use of primer cord. One night shortly before the game MIT students snuck into the Harvard stadium and buried primer cord just under the field. The plan was to burn the letters MIT into the middle of the field during the game. However, their work was uncovered by groundskeepers and disabled. During the game the hackers were apprehended while wearing heavy coats on a fair-weather day. The coats were lined with batteries, obviously intended to be used to detonate the primer cord. An MIT dean came to their defense, opening his own battery-lined coat and claiming that "all Tech men carry batteries". This phrase has since become common among MIT students.
It's easy for someone from this mileu not to have any idea how the real world will react to them.
I don't often agree with the jack booted thugs, but in this case, had they capped her on the spot, I would not have held them civilly or criminally liable. Dumb biatch.
"Aside from those kids' sneakers, and night-time bicyclists, who wears clothing with flashing lights? Show of hands?"
"I love how the MIT student had 'been wearing the shirt for several days on the Massachusetts Institute of Technology campus . . . .' That alone should have 'alarmed' people."
Excellent points 12:53 and 1:05, except you have to remember that this was an MIT student.
Guys in my frat used to wear battery-powered shirts with circuit boards and flashing lights on them all the time, often along with their beanies with propellers on top, and it was no big deal.
again. This is about line drawing.
Clearly flashing kids sneakers are on one side of the line and most seem to think this is on the other side of the line.
But think about the poor cops. How do cops know when it's ok to shoot? the case is going to be something between kids flashing shoes and this.
Of course it's free speech.
People should be allowed to load bags of fake dynamite sticks into airline carryon baggage compartments and then run up and down the aisle screaming "Bush is Hitler!" and "Alluah Akbhar!" while jamming their thumb down on a fake detonator.
It's performance art. Why would anyone worry about bombs at an airport, anyway?
12:53 and 1:05 make good points, but you have to remember this was an MIT student. 1:35 and 1:49 are right:
Guys in my frat used to walk around wearing shirts with circuit boards and flashing lights attached, often with a propeller hat too, all the time, and it was no big deal.
Of course it's free speech.
People should be allowed to load bags of fake dynamite sticks into airline carryon baggage compartments and then run up and down the aisle screaming "Bush is Hitler!" and "Alluah Akbhar!" while jamming their thumb down on a fake detonator.
It's performance art. Why would anyone worry about bombs at an airport, anyway?
Amadou Diallo was 41 shots (a since-broken NYPD record).
Abner Louima was the guy who got the plunger.
Hacks confined to MIT (or the Harvard/Yale game) are one thing. People actually expect them. This 'hack' took place at an airport. At airports they expect people to behave like adults, and have a very different set of expectations. Google [Rome Vienna airport terrorism] for some of the things you can do at an airport. Or that Abu Nidal did. The girl was guilty of reckless endangerment at the very least -- she nearly Darwin-awarded herself.
How did someone this dumb get into MIT?
Robert, there were empty seats on those flights on 9-11. Too bad you weren't on one- you could have lectured the highjackers on the "surveillance society" and told the rest of the passengers that increased airport security is just a joke.
Indeed, same statute they used against the Mooninite Contractors:
http://www.mass.gov/?pageID=pressreleases&agId=Cago&prModName=cagopressrelease&prFile=2007_02_01_bomb_hoax_arraignment.xml
All it takes is a level head and basic common sense to sort out this sort of thing from the real dangers.
The trouble is that the folks who are employed to do security are looking for any excuse to get excited and point their guns at people. Even if the swift exercise of level-headed discretion could solve the matter, they get a kick out of puffing up their chests. It makes them feel important.
That's one thing. It's entirely different for the local prosecutors to sanction that silliness with criminal charges. If the fools on the front line don't have any common sense, I certainly expect the DA's office to know better.
I really don't buy her "oh, I didn't think this would alarm anyone" innocent routine. The playdough in the hands plus the lights/circuit is too damning as evidence she was trying to get a rise out of people.
I'm sure someone in her "days" of walking around MIT with it on said, "Man, I thought that was a bomb! Haha! Good thing we're not in a public place, non-engineers might think you're a terrorist!"
Then she decided to scare some civilians with it, and now is trying to play, "Who, me? Why, I'm just an anti-social engineer! I had no idea normal people AT AN AIRPORT would react like this." She's a selfish turd for doing it.
"If so, we'd expect a former state and federal prosecutor to offer a more compelling defense."
I'd expect a former federal prosecutor and Wachtell associate to understand the difference between a defense at trial and a motion to dismiss. It should go without saying, but on an MTD defense counsel is limited to arguing that the charges are legally insufficient assuming the truth of the facts alleged by the government; Dwyer is therefore rather limited in the arguments he can make, and the First Amendment argument at this stage of the proceedings, while a long shot, is probably one of the few arguments that can legitimately be made without arguing the facts.
All it takes is a level head and basic common sense to sort out this sort of thing from the real dangers.
The trouble is that the folks who are employed to do security are looking for any excuse to get excited and point their guns at people. Even if the swift exercise of level-headed discretion could solve the matter, they get a kick out of puffing up their chests. It makes them feel important.
That's one thing. It's entirely different for the local prosecutors to sanction that silliness with criminal charges. If the fools on the front line don't have any common sense, I certainly expect the DA's office to know better.
If she got into MIT she's smart enough to be aware of the years of stories of suicide bombers, and their success at entering public spaces and maiming innocent civilians.
And there's just a miniscule chance that her attention-getting contraption wasn't the result of her knowing intent to strike terror into the hearts of innocent civilians at Logan Airport. No doubt her immature desire for attention allowed her to rationalize by thinking it wasn't REALLY a bomb so no harm done, ha ha ha you frightened boobies.
But others above have made the point - rational humans on the scene would have been well justified in taking action to permanently end the threat. And in air travel since the 70s, all threats, jokes included, have been taken seriously by those responsible for public safety.
This self-centered airhead deserves considerably more than a slap on the wrist.
If she got into MIT she's smart enough to be aware of the years of stories of suicide bombers, and their success at entering public spaces and maiming innocent civilians.
And there's just a miniscule chance that her attention-getting contraption wasn't the result of her knowing intent to strike terror into the hearts of innocent civilians at Logan Airport. No doubt her immature desire for attention allowed her to rationalize by thinking it wasn't REALLY a bomb so no harm done, ha ha ha you frightened boobies.
But others above have made the point - rational humans on the scene would have been well justified in taking action to permanently end the threat. And in air travel since the 70s, all threats, jokes included, have been taken seriously by those responsible for public safety.
This self-centered airhead deserves considerably more than a slap on the wrist.
If she got into MIT she's smart enough to be aware of the years of stories of suicide bombers, and their success at entering public spaces and maiming innocent civilians.
And there's just a miniscule chance that her attention-getting contraption wasn't the result of her knowing intent to strike terror into the hearts of innocent civilians at Logan Airport. No doubt her immature desire for attention allowed her to rationalize by thinking it wasn't REALLY a bomb so no harm done, ha ha ha you frightened boobies.
But others above have made the point - rational humans on the scene would have been well justified in taking action to permanently end the threat. And in air travel since the 70s, all threats, jokes included, have been taken seriously by those responsible for public safety.
This self-centered airhead deserves considerably more than a slap on the wrist.
1:35/1:49/1:58/2:06,
Who cares _what_ the shirt has on it? I think it's "alarming" she was wearing it around for several days. I guess she might have washed it between wearings, but based on my experience with engineers, unlikely.
Like I said: Stinky.
And she only gets a slap on the wrist for this? Wow. All I had was a wallet in my hand while in my own house and I got 41 shots. I should have been born a white girl.
Just to bring out another point, what right does she have to free speech at the Airport? After all it is not a theater and what about the right of the rest of us who have to go there to not be exposed to her idea of speech, especially since were all there trapped like rats.
Hell, why not just declare that your not actually smoking, your taking advantage of your right to free speech and they just don't get the message! (Which of course is F-You)
I blame airport security for all this.
If they were doing their jobs properly they would have shot to KILL first and asked questions later.
If you think otherwise enjoy flying commercially, because some splodydope will get loose in an airport because of fools like her tying the hands of the security officers with her "free speech" bullcrap.
PS-My bet on who the first splodydope who decided to attack an airport is not soome jihadi, it will be some LLL like this bitch.
1:42 you must be one of those weenies who lives in constant fear and frequently shits in his pants. This woman was wearing a t shirt with flashing lights. What kind of idiot would think that's a bomb?
She WALKED INTO LOGAN wearing a flashing wired thing on her body, for crying out loud. OK, that was stupid.
Carrying "Play Do" in her hands? *That* is a deliberately provocative act which might even be sociopathic.
She needs more than a slap on her wrists. She needs to somehow be put in a position where she has to talk with the families of the pilots, crew and passengers of the Boston flights. (Only that might be way too cruel to them.)
How about some ideas for creative, realistic meaningful sentencing for her? (Have to raise money for the children of the victims of the Boston flights -- so THEY can go to MIT?)
She behaved in a mindless (though certainly premeditated), immature, and cruel way. She needs to know that and acknowledge that.
There was no play-doh or putty in her hands, this was made up by the police after the incident to make them seem less stupid. When asked to produce said putty they claimed they "lost" it, which doesn't exactly jibe with their story that they thought it was a lump of explosive.
I am going to kill the next person who says "post 9/11 world".
Seriously.
haha, sorry 12:53, totally missed your point before. yeah you are right, very unlikely the shirt was washed between wearings.
But then guys in my frat used to wear shirts around for days...
oh hell, you know the rest.
3:11 - She was wearing a shirt with a faux bomb strapped to it and holding play-doh at Logan airport of all places. What ever happened to common sense? Or better yet, on common decency???
She knew exactly what reaction the people at the airport and the media would have. She is a total ass****, at best. And so are you for defending her, you liberal weenie.
EVERYBODY PANIC!!!1
Putty. LOL.
EVERYBODY PANIC!!!1
Putty. LOL.
EVERYBODY PANIC!!!1
Putty. LOL.
She better not be let off...
i bet this girl is ugly.
Are you people retarded? A faux bomb? She should've been qeustioned, and if she was making people ancy asked... to leave.... but prosecuting her for a hoax? This is a waste of judicial resources.
Wires + Lights != Bomb
She's hot, and yes, this is a post 9/11 world
Dissapearing Play Dough EVERYONE PANIC!!!11
Its a post- 9/11 world!!!1 Eleventy!
While the first amendment argument may be marginal, the boring (but more important) element of her defense is that there is no evidence whatsoever of "the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons." http://www.mass.gov/legis/laws/mgl/266-102a.5.htm
She wanted to be arrested, and she was arrested. She wanted to go to court, and she's now in court. She wanted to show how intellectually superior she is to dumb airport cops, and....well, okay, she was arrested and is in court.
I guess that goes to show how smart MIT students are.
Since I live near MIT, maybe I'll go practice some free speech by pulling the fire alarms in her dorm every night during finals. I'm not really setting a fire, so it's okay.
4:52PM -- She's, um, "hot"?
http://www1.whdh.com/news/articles/local/BO72321/
What a pooch, woof-woof, and a bad dye-job, to boot...furious
"a deliberately provocative act which might even be sociopathic."
Perhaps; she would fit right into a MIT pattern of tweaking "the man".
On the other hand, one of my best friends knows this student pretty well, and is certain the student was simply an idiot (my words for her behavior). I think this friend confirmed the Play-Doh was a thing she routinely did (use it to exercise her hands).
Someone else said it best: once you walk outside your door (off campus in this case, although the MIT campus boundaries are very porous), you become a part of society and have to act within its norms.
Me, I'm really impressed with the professionalism of the MA State Police: at the time, as far as they knew, they were taking quite a personal risk in simply arresting her instead of shooting her from a safe distance.
"She's, um, "hot"?
http://www1.whdh.com/news/articles/local/BO72321/
What a pooch, woof-woof, and a bad dye-job, to boot...furious"
She's "MIT-hot," which isn't, you know, hot-hot. It means she has a vagina.
There seem to be two theories for her behavior:
1. She lives in a little MIT, nerdy, engineering bubble and honestly didn't think that she would get any response. In fact, she didn't even realize that she was wearing a flashing shirt with wires on it and holding play-doh.
2. She was consciously executing a planned act of expression, protected under the First Amendment. This premeditated act was to simulate possession of a bomb at an airport for some unknown reason.
Clearly, these two options are mutually exclusive. One cannot say "It was an accident, and if it was on purpose, it was protected free expression!" If it was free expression, it wasn't an accident. If it was an accident, it wasn't free expression.
Both excuses aren't terribly persuasive. What do you think a terrorist organization would do if they found out that bringing a fake bomb into an airport is protected speech? Or that it can be considered just an accident? Terrorist groups case airports and security procedures. Before a mission, they will do dry-runs and test the system. One way to do this is to sneak in fake weapons/bombs and see if they get through or what happens. This would just make it that much easier.
Did people have the same reaction when people perpetrated anthrax hoaxes? Terrorist hoaxes are serious business and can be as terrorizing as actual terrorism. If you hijack a plane with a fake bomb, its still a hijacking.
So I am on the 6 train early in the morning and some guy, black and in what looks to be northern African clothing, sneaks in just before the doors close and drops his gym bag next to the pole and walks away from it, quickly. I felt adrenalin jackhammer through my veins in that instant. And those that saw him drop the bag and walk away from it had a strange contorted expression on their face, one that I likely shared. He began his speech about working for the homeless and the stress broke. He was just passing out fliers, fliers that were in the bag that he had dropped. That is an example of an innocent, but reasonable mistake of action. This little twit was looking to scare people. She should have been shot.
Execution is the best defense against free speech, idiot airport employees and you being a giant pussy.
EVERYBODY PANIC
POST-9/11 WORLD
PUTTY
BLINKING LIGHTS
WIRES
GYM BAGS
OSAMA BIN LADEN
AAAAAAARRRRRRRRGHHHH!
You are all homos just like OBL