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John E. Brennan, the 50-year-old who protested a TSA search at the Portland International Airport in April by stripping naked, has been acquitted of indecent exposure.
Circuit Judge David Rees agreed with the defense that protest overrides nudity laws: "It is the speech itself that the state is seeking to punish, and that it cannot do."
Brennan told the court:
I know the irony of taking off my clothes to protect my privacy. They're getting close to seeing us naked, so I thought I'd up the ante.
The high-tech consultant and frequent flyer maintains his protest was spontaneous:
The machine went off, and I asked what it was and he said 'nitrates,' which I know from Oklahoma City is one of the explosive ingredients. And I was not interested in being hassled so I took off my clothes to show them I was not carrying any explosives.
Brennan still could be fined up to $11,000 if the TSA finds that he interfered with the screening process. He also could land on the no-fly list.