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

cheeki kea commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"Anythings possible mad science would bring back all of jurassic park if they could. From a birds…"
15 hours ago
Doc Vega posted blog posts
yesterday
Bob of the Family Renner posted photos
Friday
Doc Vega posted a blog post

Two Combat Aircraft Captured and Studied in WWII Pacific Theater

 During the heated contest of the WWII Pacific Ocean War both the US Pacific fleet and the Axis…See More
Thursday
Doc Vega posted a blog post
Wednesday
Burbia posted a photo
Tuesday
Millie P. Carlos is now a member of 12160 Social Network
Tuesday
Sandy posted videos
Aug 11
Burbia commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"Another group of people that get disregarded are the the Process Church.  Deaths and strange…"
Aug 10
Sandy posted a video

Captain fantastic scene (Bill of rights)

Scene from the movie "Captain fantastic"Uploader does not claim ownership of any of the footage used in this video. All credit goes to the respective owners ...
Aug 9
tjdavis posted photos
Aug 8
tjdavis posted a video

The UK Has Just Reached It's Boiling Point - Ricky Gervais

Ricky Gervais - Frustration still there a year on.Nicholaswatt reports what he has been told by a parliamentary veteran, who warns: "'My constituents feel th...
Aug 8
Doc Vega posted a blog post

Terrorized on a 3 Day Weekend

 We had a holiday weekend coming up. My ex, whom I was sharing custody with was off for her…See More
Aug 8
Sandy posted videos
Aug 7
Sandy replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"Interesting. I always thought he was still alive. Probably given some plastic surgery and a witness…"
Aug 7
WIllow is now a member of 12160 Social Network
Aug 7
Burbia commented on Less Prone's video
Thumbnail

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

"Props to Schottenstein on his foray out of the woods that was DEI and wokeness. "
Aug 7
Burbia replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"One of the theories floating around was Hilary Clinton's brother Hugh, was the one…"
Aug 7
Sandy posted a discussion
Aug 7
Doc Vega posted blog posts
Aug 6

© 2025   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