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BART and free speech: yes to free speech, NOT ON THE PLATFORM!, and no fair turning off networks
I have had some experience on both sides of crowd control. That said, I have some very strong opinions about the current BART protests.
1) The right to peacefully assemble and protest is absolute. That's why we have a First Amendment to the Constitution. If the assembly grows so large that it becomes inconvenient -- tough tookies. Time to order porta-potties, sell bottled water and empty out the police overtime budget.
So when people want to protest, whether I think it's justifiable or not, they have the right to do that.
2) The _platform_ of a BART transit station is an unacceptable place for public protests to take place. Crowds jostle people, a person who is jostled off the platform is in a life-threatening situation and could very easily be killed. If the third rail doesn't get them, the train _will_. And soon.
Pro Tip: there is a lip under the edge of the platform large enough for a person. If you are knocked off the edge of the station, roll under the lip and yell repeatedly for help. DO NOT ATTEMPT TO EXIT THIS SAFETY AREA UNTIL DIRECTED BY UNIFORMED BART PERSONNEL OR FIREFIGHTERS.
The right to protest does not cover protests that involve a serious likelihood of inflicting serious injury or death. I have seen what happens when idiots try to block high speed roadway and freeways; the images are burned in my brain and I will remember them for the rest of my life.
The rest of the station, the parking lot, BART's offices . . . fair game. If you feel a need to break the law, you can always graffiti the toilets, fill the station agent area with shaving cream, put "No Justice No Peace" stickers on BART apparatus, jam up the ticket turnstiles -- and prepare to suffer the relatively mild consequences of these unlawful actions, but crowd-based asshattery on the platform and the platform exits is right out.
Remember: people exiting the trains have to get off the platform, so blocking exits can create the same jammed situation on the platform. Blocking entrances, while juvenile, does not.
The platform and its exits are off limits to protesters who care if people live or die. Much as I don't like BART PD, I fully support their right to detain, arrest, go hands on with, Taser, baton or shield strike, Pepperball, baton round, rubber bullet and in life-and-death situations _shoot_ anyone stupid enough to protest on a BART platform in ways that endanger the lives of others.
In fact one technique I'd recommend to BART PD would be to set up hard points along the center of the platform area to which protesters can be dragged and riot-tied -- and tell everyone what they're for, and that they will be used.
If someone really wants to exercise their free speech rights on a BART platform by holding up a sign or shouting slogans, at the very least they should peacefully submit to arrest. The difference between civil disobedience and anarchistic terrorism is whether you break the law to challenge the law, or because you think you're above the law.
3) Shutting down mobile phone service in response to peaceful protest is grossly inappropriate in a modern democracy. Deploying jammers is like deploying tear gas -- you'd better have a damn good reason, it better be temporary, and you'd better be prepared to justify it in court.
Using jammers out of convenience tempts the opposition to start using jammers against public safety frequencies and mobile phones at a time and place of their choosing -- and when PD can't or won't call for backup or medics, people die. Tell that one to Oscar Grant. Yes, using jammers for other than public safety purposes is a serious felony, but that is also because it's so very easy to do.
Certainly audio and video recording of conduct in a public place, including a BART platform, is perfectly appropriate at all times. Uploading audio, pics and video in real time serves the public interest, and interrupting such uploads does not.
Messaging that coordinates flash mobs is a fact of life. Counter-surveillance is what is needed, that and strategic use of undercover officers. Consider that shutting down networks won't affect a pre-arranged meet time and place ("1630 to 1700 at Civic Center" being a notorious example.")
Comments welcome but unlikely to change my opinions.
1) The right to peacefully assemble and protest is absolute. That's why we have a First Amendment to the Constitution. If the assembly grows so large that it becomes inconvenient -- tough tookies. Time to order porta-potties, sell bottled water and empty out the police overtime budget.
So when people want to protest, whether I think it's justifiable or not, they have the right to do that.
2) The _platform_ of a BART transit station is an unacceptable place for public protests to take place. Crowds jostle people, a person who is jostled off the platform is in a life-threatening situation and could very easily be killed. If the third rail doesn't get them, the train _will_. And soon.
Pro Tip: there is a lip under the edge of the platform large enough for a person. If you are knocked off the edge of the station, roll under the lip and yell repeatedly for help. DO NOT ATTEMPT TO EXIT THIS SAFETY AREA UNTIL DIRECTED BY UNIFORMED BART PERSONNEL OR FIREFIGHTERS.
The right to protest does not cover protests that involve a serious likelihood of inflicting serious injury or death. I have seen what happens when idiots try to block high speed roadway and freeways; the images are burned in my brain and I will remember them for the rest of my life.
The rest of the station, the parking lot, BART's offices . . . fair game. If you feel a need to break the law, you can always graffiti the toilets, fill the station agent area with shaving cream, put "No Justice No Peace" stickers on BART apparatus, jam up the ticket turnstiles -- and prepare to suffer the relatively mild consequences of these unlawful actions, but crowd-based asshattery on the platform and the platform exits is right out.
Remember: people exiting the trains have to get off the platform, so blocking exits can create the same jammed situation on the platform. Blocking entrances, while juvenile, does not.
The platform and its exits are off limits to protesters who care if people live or die. Much as I don't like BART PD, I fully support their right to detain, arrest, go hands on with, Taser, baton or shield strike, Pepperball, baton round, rubber bullet and in life-and-death situations _shoot_ anyone stupid enough to protest on a BART platform in ways that endanger the lives of others.
In fact one technique I'd recommend to BART PD would be to set up hard points along the center of the platform area to which protesters can be dragged and riot-tied -- and tell everyone what they're for, and that they will be used.
If someone really wants to exercise their free speech rights on a BART platform by holding up a sign or shouting slogans, at the very least they should peacefully submit to arrest. The difference between civil disobedience and anarchistic terrorism is whether you break the law to challenge the law, or because you think you're above the law.
3) Shutting down mobile phone service in response to peaceful protest is grossly inappropriate in a modern democracy. Deploying jammers is like deploying tear gas -- you'd better have a damn good reason, it better be temporary, and you'd better be prepared to justify it in court.
Using jammers out of convenience tempts the opposition to start using jammers against public safety frequencies and mobile phones at a time and place of their choosing -- and when PD can't or won't call for backup or medics, people die. Tell that one to Oscar Grant. Yes, using jammers for other than public safety purposes is a serious felony, but that is also because it's so very easy to do.
Certainly audio and video recording of conduct in a public place, including a BART platform, is perfectly appropriate at all times. Uploading audio, pics and video in real time serves the public interest, and interrupting such uploads does not.
Messaging that coordinates flash mobs is a fact of life. Counter-surveillance is what is needed, that and strategic use of undercover officers. Consider that shutting down networks won't affect a pre-arranged meet time and place ("1630 to 1700 at Civic Center" being a notorious example.")
Comments welcome but unlikely to change my opinions.
no subject
http://moneywatch.bnet.com/economic-news/news/sf-transit-blocks-cellphones-to-disrupt-protest/6277598/
no subject
Last time I looked, interrupting 911 service was a Federal felony.
Whoops.
no subject
However, BART's "free expression areas", or whatever they called them, make me ill. They say "yeah, you have 'free speech', but only where we say you can". That's not how it works. You have free speech as long as it doesn't endanger others (the 'fire in a crowded theatre' or 'protest on a busy train platform' exception) not "free speech in the little out of the way cages set aside to ignore you."
I agree that jamming just escalates.
no subject
I'm even uncomfortable when SF Pride sets up a "free speech area" to corral the anti-homosexual, mostly Christian and mostly closeted, protesters. That at least is in the context of a parade permit; the other 364 days a year, they can go wherever they want on the street -- but can't steal Pride's thunder on that one day.
But BART creates a 24-7-365 Constitution Free Zone on its publicly owned properties. That's a problem.
no subject
Now why arrests were not made of the two individuals who held BART doors open I am not sure . . .