The real issue is that these scanners violate the 4th Amendment and impose health risk for no gain in security.
And as the above commenter noted, they don't detect the threat they are designed to protect against, which is plastic explosives worn on the body.
He had done nothing more than write the amendment on his chest and expose the text after being selected for body scanning. The story was submitted earlier: http://news.ycombinator.com/item?id=2326382
But are you "forced" at gunpoint? Obviously not, but this is a ridiculously high standard to use when establishing whether someone is being compelled to do something.
If your boss says "you need to be in Dallas on Monday morning", you need to be in Dallas on Monday morning.
The problem of course is the extent of intrusion on daily lives.
The better legal approach is the 10th amendment route, or coming up with new legislation.
Actually, under Common Law you have a legal right to _travel_ (I'm not saying driving) in a car if you're a Sovereign.
http://www.youtube.com/watch?v=3jUxupkD57g
The TSA has moved from airports, to train stations, to subways, and roadblocks. If you live in any portion of the US you most likely use at least one of those methods of transport on a daily basis.
“The right to travel is a part of the ‘liberty’ of which a citizen cannot be deprived without the due process of law of the Fifth Amendment.”
Care of SCOTUS in 1958, Kent v. Dulles.