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 commented on Doc Vega's blog post A Cure for Cancer?
"cheek kea thanks you so much. Yes, I agree, but there was so much espionage, mistrust, and military…"
15 hours ago
cheeki kea commented on Doc Vega's blog post A Cure for Cancer?
"Yes I believe there's a Cure or Remedy for everything. As netizens across the world start to…"
yesterday
Doc Vega posted a blog post

A Cure for Cancer?

 How many of you have agonized over seeing little kids at St. Jude’s Hospital with brain cancer,…See More
yesterday
Евеліна posted a blog post

Розумний дім: як технології роблять життя комфортнішим

Що таке розумний дімРозумний дім — це система сучасних технологій, яка дозволяє автоматизувати…See More
yesterday
Less Prone commented on tjdavis's photo
Thumbnail

Shabby Road

"Total disregard of public places. Import it to the west and call it enrichment. "
Sunday
tjdavis posted a photo
Sunday
Doc Vega posted a blog post
Saturday
Less Prone favorited Doc Vega's photo
Mar 13
Less Prone commented on rlionhearted_3's photo
Thumbnail

What the fuck?

"When will the perverts picked out of the government and positions of power for thorough…"
Mar 13
Less Prone favorited Doc Vega's blog post The Re-Evaluation of our Current Reality
Mar 13
Less Prone favorited Doc Vega's blog post Former Naval Physicist and Photo Analyst Bruce Maccabee’s Wife Sees Alien Predator!
Mar 13
Doc Vega's 6 blog posts were featured
Mar 13
cheeki kea's blog post was featured
Mar 13
james will's 2 blog posts were featured
Mar 13
Less Prone left a comment for Роман
"Welcome on board. Your input is welcome, but could you provide a translation in…"
Mar 13
Less Prone left a comment for Tina Sullivan
"Did you lose the password= As far as I know we have changed nothing her. Continue as Sullivan."
Mar 13
Doc Vega posted a blog post

Death of an F-106 Pilot in Pursuit of the Unknown

 The year in between 1970 and 1972 on July 14 on a single night when a series of events led to the…See More
Mar 12
Tina Sullivan left a comment for Less Prone
"Hey, buddy!  You're right, I can't get into my account!  "
Mar 12
rlionhearted_3 posted photos
Mar 12
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
Mar 11

© 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