They are? They can refuse screening, and still get to where their job requires them to be? What about members of the military that get orders to travel via commercial airlines, are thay also free to refuse screening?
If this was a condition of carriage it would be spelled out on your ticket in really small print. Since it is actually the government that is doing this, and not the airlines, it is not on the back of your ticket. When did pilots, who actually fly the plane, become subject to the contracts that apply only to passengers?
Nice try at deflection though. It might have worked if I did not understand anything about law at all. I may not be a lawyer, but I do know the difference between contract law and civil law.
I know you're a helluva lot smarter than what you just posted indicates. You can choose to play the rhetoric if you wish, but I credit you as wanting an honest debate.
No one is forced to undergo screening. If a person does not want to be screened at the airport, they can refuse. That's the constitutional protection. However, airport screening is a condition of carriage. In other words, the airlines will refuse to fly anyone who has not undergone security screening. I don't know if the conditions of carriage necessarily have to be in writing on the ticket. But I do know that if you visit any airline website, there is a proviso somewhere that addresses this issue. I forget which airline it was, but when I purchased a ticket online, before it took me to the print page, a dialog window popped up that said something about having to undergo security screening; I clicked on the acknowledgment button, and then I could print my boarding pass. I'm certain that other airlines have a similar process. I truly doubt you want to hang your hat on the argument that NO ONE is aware that they have to undergo airport security screening at the time they purchase their ticket.
As for the "right" to fly: no one is constitutionally guaranteed the right to fly. In other words, if you want to fly, you have to either pay someone to get you there and meet their conditions of travel or you can buy your own plane and fly yourself. Freedom of movement is a different animal. No one can discriminate against you based on skin color, ethnicity, lifestyle, religion, etc. However, you cannot simply bypass security, sit on the airplane without having paid for a ticket and claim that the constitution guarantees you the right to fly in any airplane at any airport to any destination you desire.
The right against unreasonable searches applies when the government determines that you are suspected of a crime and initiates a search of your person or property. That does not apply at an airport because you are not suspected of a crime. Instead, what takes place at an airport is an administrative search looking for prohibited items such as knives, dangerous items such as corrosive acids and weapons such as firearms and bombs. When you walk to the checkpoint and place your bag on the x-ray conveyor belt, you have voluntarily initiated the screening process. No government official arrested you or detained you or otherwise forced you to be searched. You did that by voluntarily walking up to the checkpoint.
As for pilots, if you scroll down to one of my previous posts, you'll see that I agree pilots ought to be given special consideration. I didn't say they ought to be exempted from screening, but I did say they ought to be given some alternative form of screening such as biometric screening (i.e. thumbprint) or other measure that identifies the individual as a pilot who is authorized to access a specific aircraft at a specific date and time. And I also said this should apply only to pilots (and co-pilots) but not the rest of the flight crew. Big difference between the person who sits in the cockpit and the person who just hands out beverages hidden somewhere in the ice cubes and stale cookies.
What this particular pilot has done is claim that he shouldn't undergo ANY screening whatsoever. He just shot himself in the foot, the leg and groin with that argument. I'm surprised that his lawyer is actually trying to prop that flimsy argument, but I guess lawyers will do anything if a client is willing to pay the fees. I sort of thought the lawyer would suggest a smarter argument to his client. I would go for the special consideration screening argument; that would probably win in court. But by saying that he shouldn't undergo ANY screening, this clown will lose his case in a matter of minutes. (Good luck with that one.)