Hi, the following is not legal advice and is for entertainment purposes only.

The TSA is a federal government agency. They do not have any codes or policies regarding audio or video recording so long as such audio or video recording does not interfere with the security screening process.

San Diego International Airport is in the county of San Diego and is subject to the codes and policies of the San Diego County Regional Airport Authority. That is the agency that is prohibiting recording. The code in question is located at http://www.san.org/documents/corp_serv/Codes/Article%207/Code%207.14%20Filming.pdf . Under that code, no pictures, video, or audio can be taken anywhere at the facility or of the facility. If you sent your friend a picture message from your phone at the airport letting him or her know you arrived safely, you are in violation of the code under the letter of the law. Shit, using your cell phone at the airport is a violation of the code. That's not the spirit (intent) of the law, but that is the letter (literal interpretation) of the law.

However, the United States Constitution does not recognize cities or counties, it only recognizes states. In other words, any municipality or sub-state agency inherits from the state their power and abilities to create laws in their jurisdiction. However, because of this rule of inheritance, and because of the incorporation doctrine of the 14th amendment of the Constitution, your Bill of Rights applies to every level of government: Federal, State, County, Regional, Municipal, etc.

But that only applies to government agencies. Some airports are privately owned. In which case, they set the rules. They can take away your cameras, prohibit any sort of talking, and require everyone to be naked in the terminal and prohibit clothing altogether. However, San Diego International Airport is publicly owned, so all your Bill of Rights still apply. Therefore, there's a Constitutional conflict of SAN Airport banning the capturing of audio or video if any kind because it is so vaguely written and encroaches on the freedom-of-the-press clause of the 1st Amendment of the Constitution. In all likelihood, the law is unenforceable it its current form and could be nullified in a Federal court.

Also, a quick word on 7.01 of the aforementioned code. "Failing to complete the security process" is not mentioned anywhere in that code. In only mentions the conditions in which no person shall enter upon the sterile, restricted or limited access areas at the Facilities, or any Security Identification Display Area at the Facilities. Sterile, restricted access, and limited access areas are areas that are past the security screening area. If you refuse, at the security screening area to consent to a search, you have the right to turn around and leave the airport. In fact, no matter where you go in the country, you are the one who always gives the consent to someone else (i.e., a government agency) to conduct a search of your person and you always have the right to choose the conditions and scope of such search, and you always retain the right to revoke that consent at any time so long as nothing illegal has already been found on your person. The only exception is upon entering the country from outside the country or if there is a warrant or probable cause. Now, if the airport doesn't agree with your scope of the search (i.e., you only want to be x-rayed), the airport can decide you don't get to fly. They can require your consent to certain procedures a condition of flying. But your refusal to consent to those searches IS NOT ILLEGAL. You are protected under the 4th Amendment of the Constitution. You can not get prosecuted for invoking your Constitutional rights. Once you invoke those rights, say, at SAN Airport, you have the right to leave. You are free to leave. You may even be required to leave the airport. If you are being detained, it is being done illegally.

Keep in mind that most of the TSA agents would struggle, with great difficultly, at managing the front register of a Taco Bell should they ever be reassigned to doing so. That being said, if you are being detained and you know it's illegal, don't yell, "You can't detain me bitches, that's against the law" and become a loudmouthed idiot and start running away from the police. Remember, the term Law Enforcement Officer is a misnomer. The law is enforced in a courtroom under impartial adjudication of a judge and a jury of your peers. So don't be stupid at the airport. And also, don't be your own lawyer. Go get your own lawyer. If your case is strong enough, he/she/they can represent you at no cost and subsequently help you seek damages (money) from the agency that tried, unlawfully, to prosecute you. And of course, you hear this a million times over, but it's the truth. You have a right to a speedy trial, you have a right to habeas corpus (to be brought before a judge ASAP after you are arrested), and most importantly, if you cannot afford an attorney, you will be appointed a public defender for free.

I hope you enjoyed this story, which is not legal advice, is not from a lawyer, is not establishing a attorney-client relationship with anyone, and is for entertainment purposes only.