"Beginning Saturday, June 21, 2008 passengers that willfully refuse to provide identification at security checkpoint will be denied access to the secure area of airports. This change will apply exclusively to individuals that simply refuse to provide any identification or assist transportation security officers in ascertaining their identity."according to the Transportation Security Administration .
This new procedure will not affect passengers that may have misplaced, lost or otherwise do not have ID but are cooperative with officers. Cooperative passengers without ID may be subjected to additional screening protocols, including enhanced physical screening, enhanced carry-on and/or checked baggage screening, interviews with behavior detection or law enforcement officers and other measures."
Please note, in case it isn't clear from the press release that you don't have to have an ID to fly. If you tell TSA personnel that you lost your ID, you may fly. If you tell TSA personnel that you misplaced your ID, you may fly. If you tell TSA officials that you left your ID at home, you may fly. If you have a fake ID, you may fly.
If you insist that you have Constitutional rights, the TSA will punish you by preventing you from getting on the airplane.
The notion that one has a right to fly without ID and without additional security being imposed was tested in Gilmore v. Gonzales. The Ninth Circuit concluded that the additional security did not impede his right to travel or associate. However they also stated that
"Gilmore ís right to petition claim similarly fails. Although Gilmore did not fly to Washington, D.C., where he planned to petition the government for redress of grievances, the identification policy did not prevent him from doing so."
It seems to me that the 9th Circuit's conclusion in Gilmore v. Gonzales is being tested. That is they are asserting via a Secret Document known only to the judges they have the right to force people to provide documents, especially when they argue their Constitutional right not to.
Those fuckers never quit.