BART’s Tradeoff Between Passenger Safety and the 1st Amendment Rights of Protesters
Bay Area Rapid Transit (BART) officials are taking heat for turning off electricity on cellular towers in four of its stations during rush hour on Friday (8/12). Apparently, the move was necessary to prevent a group calling itself No Justice, No BART from using mobile devices to coordinate platform demonstrations against transit police over the killings of black men. Although some critics have accused BART of using Hosni Mubarak tactics to shutdown protest, I disagree. Given the racial nature of the protest and transit regulations, I believe BART officials made a necessary tradeoff between passenger safety and the 1st Amendment rights of the protesters.
Under our Constitution, the 1st Amendment guarantees freedom of assembly along with other protected rights. Ordinarily, BART’s behavior would be unacceptable in a free society. However, the increasing use of social media to coordinate violent protests and flash mobs across the world makes it clear that law enforcement officials are operating in new territory where the old methods of crowd control are less effective.
To compare BART’s actions with those of the Egyptian government is inappropriate. Nevertheless, Americans should rise up with concern if a pattern emerges where the government interferes with peaceful political protests by shutting down Internet and cell phone usage of groups opposed to its programs and policies.
4 Responses to “BART’s Tradeoff Between Passenger Safety and the 1st Amendment Rights of Protesters”
I’m concerned at the lack of attention to the demonstration, the content of which is “killings of black me” and the immediate defense of BART and the unconstitutional act. I would appreciate a response to the killings of black men.
Thank you for your comment. The purpose of my blog was to make sense of BART’s actions. I think they have to be viewed in the context of racial violence taking place around the world and in the United States. Each killing needs to be addressed on an individual basis by the appropriate law enforcement agency. I’m sure the Holder DOJ would be happy to investigate the allegations of No Justice, No BART. A demonstration on the platforms coordinated by social media beings an immediate risk of danger to innocent by-standers and to the protesters. I think there are safer and more effective ways of making one’s voice heard.
Thank you for a great post.
4g bredband…
BART's Necessary Tradeoff Between Passenger Safety and the 1st Amendment Rights of Protesters…