Comment by sehugg
14 years ago
I don't know that the technical details factor into this -- BART admitted that their intent was to prevent speech and to interfere with communications, therefore it's possible they ran afoul of the First Amendment and/or the FCC. I don't know that we'll find the answer unless someone takes it to trial.
I'm not condoning what BART did, I think it was wrong.
But, if you decided to use HN to organize a response to an issue and HN deleted your posts, that doesn't make HN's actions a First Amendment issue. The First Amendment does not apply for private institutions that you choose to participate on.
BART is a government agency, not a private institution.
HN has a TOS and is a private institution. Further, HN is not part of our public telecom infrastructure - ie if I'm being stabbed during the protest they were trying to thwart, I wouldn't use HN to call an ambulance.
BART shutting down cell service is irresponsible, deplorable and something we're going to see more and more as the first world descends into the kind of place we all see it becoming.
...as the first world descends into the kind of place we all see it becoming.
Which is what?