The present tendency and drift towards the Police State gives all free Americans pause. The unconstitutional and extra-judicial enlargement of coercive governmental power is a frightening and cancerous growth on our body politic. Once we assumed axiomatic that a citizen was presumed innocent until proved guilty. The tendency of governments to shift the burden of proof to citizens to prove their innocence is indefensible and intolerable.
"Like the Attorney General in Brophy, the BART is an instrumentality of the State of California. As in Brophy, the mere allegation that someone (or some group of someones) may use their phone for illegal purposes most emphatically does not confer authority to unilaterally shut off access to the phone network – even if that phone network is physically located within the BART. Why? Because the BART is an instrumentality of the state of California and is geographically in California. There is no BARTistahn, and the Directors do not get to decide this on their own...
[I]t is one thing to experience a dropped call or overloaded network. It is another thing for local authorities to decide to cut off service on their own initiative, without any restraint or oversight, for whatever reason they find compelling.
More than seventy years ago, Congress made a choice to take that option away from local authorities. It conferred jurisdiction on the FCC and the state Public Utility Commissions to provide oversight, and gave everyone a federally protected right to access the phone network. [emph mine] That right applies to all phone networks, whether wireline or wireless."
Aren't mobile phones more a convenience than anything? What are people doing that's of earth-shattering importance on their mobile phones on the train? Reading Kanye's tweets? Srsly.
Sweet [a BART Board member] described the cut as a "huge issue," and went on to say "We don't get to stop people from communicating with each other, even... for protests." She said the protesters weren't going to go away, because "...they're protesting for the right reasons."
Apples and oranges. And, please don't demean the heroism of Rosa Parks by comparing her bold and courageous action with the interruptions of the people who are trying to upset BART operations because they're pissed about a guy who chose to throw a knife at a BART police officer in a crowded BART station.
Citizens also have a long-enshrined right to public safety and free access to movement.
Further, if an innocent was hurt, maimed, or worse as a result of your decision NOT to disable communications devices, would you be willing to be held responsible - criminally responsible - for your action?
As your retort begs the question about logic - a member of the family of formal systems - which have been shown unable to solve all problems posed within consistently defined rules. (Icompleteness Theorem).
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