San Francisco Subway Shuts Cell Service to Foil Protest; Legal Debate Ignites


BART workers remove a man atop a train during a protest at the Civic Center station in San Francisco last month. Authorities closed the station where demonstrators condemned the fatal shooting of a man by transit police the week before.

For apparently the first time in the United States, a government agency shuttered mobile-internet and phone service in a bid to quash a demonstration — the same type of speech suppression exercised by Middle Eastern tyrannies to quell dissent.

Thursday’s move by Bay Area Rapid Transit authorities was greeted by an uproar of comparisons to Egypt and Libya. The hacking collective Anonymous responded in typical form over the weekend by defacing the agency’s website, and stealing and releasing the private account information of some 2,000 San Francisco–area transit riders.

The controversy began when officials removed the power to underground service towers Thursday at four San Francisco stations in anticipation of a planned protest — which did not materialize — over the shooting death of a knife-wielding man by BART police last month.

Some constitutional scholars are likening BART’s actions to an unlawful suppression of First Amendment speech — a digital form of prior restraint. Others, however, say BART’s move would probably survive a court challenge, and will likely be copied by other government agencies as the use of mobile technology and social networking by protesters grows.

“You have the right to speak,” Damon Dunn, a First Amendment lawyer in Chicago, said in a telephone interview. “I don’t think you have the right to leverage your speech through technology that you don’t necessarily control yourself.”

An earlier BART protest in July resulted in a major disruption of rush-hour service, as some protesters even climbed atop cars at the Civic Center station.

“The interruption of cell phone service was done Thursday to prevent what could have been a dangerous situation. It’s one of the tactics we have at our disposal. We may use it; we may not. And I’m not sure we would necessarily let anyone know in advance either way,” BART spokesman Jim Allison said.

The Electronic Frontier Foundation said BART’s actions constituted an unconstitutional breach of protesters’ First Amendment rights. A blog post on the San Francisco civil rights group’s website likened the subway’s move to Egypt’s decision to cut internet access to quell protests: “Bart Pulls a Mubarak in San Francisco.”

“What they did, effectively, is suppressed an enormous amount of speech that otherwise would have occurred by disabling people’s devices,” Lee Tien, an EFF staff attorney, said in a telephone interview. “They just put a cone of silence for cell phone service over the BART stations in the belief that something needed to be prevented. In my mind, that’s the electronic version for shutting down somebody.”

He added that, “I’m not aware of us having thought about actually suing yet. I’m not aware of anyone doing that.”

The American Civil Liberties Union said it was mulling legal action, but conceded that there could be instances when it would be legal for a government agency to shutter mobile-phone service.

“I don’t want to say, absolutely, that this will never be permissible,” Michael Risher, an ACLU staff attorney, said in a telephone interview. “It should not happen unless under extraordinary circumstances, real and concrete, where it is necessary to prevent some disaster.”

He does not believe that BART has met that burden. But he noted that it might be hard to put the genie back in the bottle.

“It’s very difficult to stop this from happening once,” he said. “It never happened before. There are no rules.”

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Curtis on August 15, 2011 at 6:57pm

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post

The Re-Evaluation of our Current Reality

 Surprisingly, there has been talk of mankind being enveloped in an artificial reality for decades…See More
8 hours ago
tjdavis posted videos
yesterday
Sandy posted a video

Source: Havana Syndrome investigation is "a massive CIA cover-up" | 60 Minutes

For years, the U.S. government has doubted the stories of those suffering from AHI, commonly called Havana Syndrome. Now, victims hope that reports of a newl...
yesterday
Doc Vega posted a blog post

Regrets That Cling to Me

Talking with my shadow in the nightI know it sounds contriteA vacuum without the lightThe silence…See More
Monday
tjdavis posted a photo
Monday
Doc Vega posted a blog post

Reality Is now Becoming Unhinged

 Let’s take a trip down the modern-day rabbit hole we call everyday news and events, but on a more…See More
Sunday
cheeki kea commented on Sandy's video
Thumbnail

Ghislaine Maxwell & The Secret "Shadow" 9/11 Commission? | John Kiriakou

"You tuber Sabby Sabs sums up and joins dots. Don't miss this one."
Sunday
Doc Vega posted a blog post
Mar 5
Burbia commented on TommyD's group The Chuckle Hut
"The Warriors is one of my favorite movies. I couldn't help but laugh at this spoof."
Mar 4
Doc Vega posted a photo
Mar 4
Doc Vega commented on Doc Vega's blog post Are the End Times Drawing Near?
"cheeki kea, You might want to see predictions made by Robert Welch in 1957 and 1974 stating that…"
Mar 4
Doc Vega commented on Doc Vega's blog post Are the End Times Drawing Near?
"cheeki kea, good points. We have a world full of twisted allied agendas that seem contradictory,…"
Mar 4
Sandy posted a video

Ghislaine Maxwell & The Secret "Shadow" 9/11 Commission? | John Kiriakou

In this gripping excerpt from the Julien Dorey podcast, former CIA officer and whistleblower John Kiriakou reacts to a leaked email from 2003. The document r...
Mar 3
cheeki kea left a comment for Holyroller
"Greetings to you Holyroller very awesome you've joined up with us all. I know you'll find…"
Mar 3
cheeki kea commented on Doc Vega's blog post Are the End Times Drawing Near?
"Yes it's a sad and sorry situation we see evolving here. On one front and it's a large…"
Mar 3
Doc Vega commented on tjdavis's video
Thumbnail

When the Communists Take Over America!...Famous 1957 Anti-Communist Movie

"I remember this when I was a little seeing it on TV years after it was filmed and it scared me even…"
Mar 3
tjdavis posted a video

When the Communists Take Over America!...Famous 1957 Anti-Communist Movie

Starring Jack Webb and Robert Conrad, this 1957 movie by the United States Armed Forces Information Agency is perhaps the best known anti-communist movie eve...
Mar 2
Doc Vega posted a blog post

Are the End Times Drawing Near?

Are we seeing the gradual fulfillment of the Battle of Armageddon? Think of it. The US and Israel…See More
Mar 2
Holyroller is now a member of 12160 Social Network
Mar 2
tjdavis posted a blog post
Mar 1

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted