Will New Transportation Bill Ban TSA Satire?

Soon to be illegal parody of TSA logo?

That probably depends on the Prosecutors interpretation. And prosecutors are so well noted for their sense of humor.

On September 22, 2011, H.R. 3011 was introduced in the House. It is entitled the “Transportation Security Administration Authorization Act of 2011” and it contains some curious language.

Two thirds of the way through the ponderous bill, in Sec. 295, we find the following:

Whoever, except with the written permission of the Assistant Secretary for Transportation Security (or the Director of the Federal Air Marshal Service for issues involving the Federal Air Marshal Service), knowingly uses the words ‘Transportation Security Administration’, ‘United States Transportation Security Administration’, ‘Federal Air Marshal Service’, ‘United States Federal Air Marshal Service’, ‘Federal Air Marshals’, the initials ‘T.S.A.’, ‘F.A.M.S.’, ‘F.A.M.’, or any colorable imitation of such words or initials, or the likeness of a Transportation Security Administration or Federal Air Marshal Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or with any play, motion picture, broadcast, telecast, or other production, in a matter that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the Transportation Security Administration or Federal Air Marshal Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Transportation Security Administration or Federal Air Marshal Service .(Emphasis added.)

Of course, the weasel words are "calculated to convey the impression that the wearer of the item is acting  pursuant to the legal authority of the Transportation Security Administration or Federal Air Marshal Service...

It will really be a prosecutor's judgment call whether a particular instance crosses the line from parody to impersonation, and prosecutor's will be presupposed to follow the TSAs recommendations.  Even if the case is later thrown out of court by a judge on first amendment grounds, the law will have a substantial chilling effect on the use of such parodies.