Frank Terreri

United States Federal Air Marshal (FAM) Frank Terreri filed a lawsuit in U.S. District Court in the Central District of California against Senior Executive Managers of the U.S. Department of Homeland Security and the Federal Air Marshal Service for establishing policies that prohibit him from speaking publicly about his job or saying anything in connection with the FAM Service.

Terreri was elected in 2003 as the FAM Service Agency President for the Federal Law Enforcement Officers Association (FLEOA), a professional membership organization that represents more than 23,000 federal agents, including 1,400 air marshals, all of whom were restricted from discussing details related to their job that could enhance the security marshals provide. Terreri ran unopposed and was reelected again in 2005.

Not only did the Department of Homeland Security infringe on Terreri's right to free expression, they actually jeopardized the public's safety by limiting the speech of whistleblowers. Terreri and all other FAMs were prohibited from participating in informative debate about the safety of the airline industry.

FAM Service rules stated marshals may not "release or divulge investigative information or any other matters pertaining to the FAM Service."

Terreri has 15 years of law enforcement experience including three years as a FAM.

The FAM Service is a federal Excepted Service agency so there is no protection for agents in the Federal Air Marshal Service who seek ways to improve their agency.

Terreri tried to work within the system to address his concerns about aviation security, detailing security lapses within the agency in two letters to the director. After he sent a private e-mail to another air marshal raising concerns about an air marshal profile in People magazine, Terreri was taken off active flight duty on October 17, 2004 and placed on administrative duty for 6 months while an Immigration and Customs Enforcement Office of Professional Responsibility Internal Affairs' investigation was conducted. Terreri was subjected to three more Internal Affairs investigations. Terreri was subsequently exonerated of all charges. Former FAM Service Director Thomas Dewey Quinn personally filed requests for these investigations.

"Everyone's heard that you can pick out a Federal Air Marshal from a mile away because they look like a 1950's FBI agent," Peter Eliasberg of the American Civil Liberties Union said. "Frank stuck his neck out to try to improve the way his agency works, and those in charge found any excuse to punish him. This lawsuit will shed light on Homeland Security policies that don't contribute to safety, but rather violate constitutional rights."

Coleen Rowley, an FBI whistleblower who was named one of Time magazine's persons of the year in 2002, said in a taped statement that she found it unfortunate that Terreri was forced to file a lawsuit because the Federal Air Marshal Service's policies left him no other choice.

The Department of Homeland Security settled with Terreri agreeing to lift all Federal Air Marshal public speech restrictions that did not divulge sensitive information.

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