Does it really matter? The point is clear: A TSA agent can do whatever it wants and the TSA as well as local authorities will stand behind the agent. If a passenger protests too much, said passenger will be arrested.
Here's the "choice" we get when we pay an airline hundreds of dollars to travel within our own country:
- Be viewed naked, getting exposed to additional unnecessary radiation (which have not definitively been shown to be harmless, by the way)
- Get aggressively searched, including touching of the genitals and breasts and possibly including inordinate humiliation, particularly if you have a medical condition
- Get arrested