Very excellent stated points Jonathan. I recollect hearing your first argument before, and Luis shows an excellent example of how it can be applied. Let's face the facts: I remember when AF4590 crashed. In both the ensuing day's London Times and Boston Globe, I remember reading that passengers just assumed that the engines "flamed" on takeoff. As aviation enthusiasts, we all know that if we see that going on, we know something is wrong. Some people would think something is wrong, but we can just confirm it.
For your second argument, I agree completely. Yes, we make up the vast minority of the United States. Okay, so I guess it makes it wrong/illegal for fans of other unique hobbies to practice that hobby in this country.
In terms of the lawsuit, let me clarify this a little (I wrote that post when I had been awake for 10 minutes and my brain was turned on fully yet). It would be a last resort. If everything else failed, then yes, I might contemplate a lawsuit. The cops are just making stuff up. As we all know, there is no law against airliner photography/recording tail numbers. All of our TSA letters have that info on it. So, at the least, I could consider filing a legal complaint, and then possibly proceeding with a lawsuit. As I said, a last resort. There are several factors that would determine this, such as the amount of harrasment I encountered, etc. When I was kicked out of BOS the last time, I was brought into the middle of the terminal, where I was grilled in front of everyone, etc, and I was recieving odd stares. Now I know the cop has to be aware of his safety, but in a public cafe that was full is a public enough place, you don't have to go overboard.
I just want to comment on a few final things. In the United States of America, you can do whatever you want, as long as it is within the law. What we are doing is within the context of the law, per the TSA. This is a clear violation of our rights as American citizens.
As for private property concerns. In my view, the public area of the airport is open to everyone. At BOS, there are several quality restaurants and shops, including Cheers, Legal Sea Foods, Staples...Don't think these companies have a clientele of 100% passengers. There are people that go to the airport to eat dinner. Another example is PIT. Prior to 9/11, PIT's SkyMall was considered one of the premier shopping malls at PIT. Now, it is closed to the citizens of Pittsburgh unless they are paying money already just to go somewhere. Also, I am a member of Taxachusetts. I pay enough money to this state already, I should be able to use a state-owned facility that, without the taxpayer's money, would not be in the shape it is today. I am allowed to stand outside the State House, on state-owned property, and politely protest anything without fear.
Another thing, the hypocracy (in my mind) of Massport. They kick me out of the airport because I am watching planes with binoculars, claiming it's suspicious. I can understand this. However, whenever there is a happening at Massport, out come the television cameras and newspapers, taking shots/views of the movements. AND THIS IS ALLOWED!!! They don't allow it for us normal citizens claiming suspiciousness, yet allow the media to do so! In my mind, it is hypocracy. (Do not flame me for this, these are simply my views).
In the interim, I look forward to continual use of the facilities of Manchester (NH) Airport, and my upcoming trip to Burlington (VT) Airport, as well as a possible day trip to Montreal/Dorval this October (depends of some situations, one of which is the treatment of us north of the border).