. . TRANSPORTATION: PUBLIC TRANSPORTATION : TELECOMMUNICATIONS: CELLULAR : CENSORSHIP : FATALITIES : POLICE : LAW: BART: 1st Amendment Issues Mount Over Cell Shutdown . . BART: 1st Amendment Issues Mount Over Cell Shutdown Bob Egelko, Chronicle Staff Writer Sunday, August 14, 2011 San Francisco Chroniclehttp://www.sfgate.com/cgi-bin/article.cgi?f= /c/a/2011/08/14/MNTC1KNC27.DTL
. A shorter URL for the above link: . http://tinyurl.com/3e3fsnn . .In 1967, the California Supreme Court ruled that a city couldn't prohibit nondisruptive political activity inside a railroad station.
.That was before cellular phones were invented and before the first BART train rolled down the tracks. But it's a precedent the transit agency may have to confront as it defends its decision to cut off cell service at the site of an expected trackside protest last Thursday, and its long-standing ban on "expressive activities" inside the fare gates.
.BART says it might pull the plug on phone service again this afternoon to counter plans for a 5 p.m. demonstration at Civic Center Station in San Francisco, where a transit police officer fatally shot a knife-wielding man July 3.
. The legality of such a decision may soon arrive in court. ."This is new territory in the United States," said Gene Pilicinski, executive director of the First Amendment Center at Vanderbilt University. Although courts haven't addressed a government cell phone shut-off, he said, "historically we have kept our hands off free expression. ... The government has a very high ladder to climb."
. Safety issues .By cutting off an entire mode of communication, "you're shutting down much more speech than could possibly be related to a protest," said Michael Risher, an American Civil Liberties Union lawyer. If BART is concerned about passenger safety, he said, its focus should be to "prevent the violence, not the speech."
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