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BART Cell Phone Service Shutdown: Time for a Virtual Forum?

By Rachel Lackert

Abstract

The balancing act between protecting First Amendment rights and the necessity of law enforcement to maintain the public order is not simple under normal circumstances. On August 11, 2011, San Francisco\u27s Bay Area Rapid Transit ( BART ) created a paradigm embodying the very essence of this problem by shutting down cell phone and Internet service to prevent citizens from organizing and planning a protest. Both the constitutional and telecommunications law implications of BART\u27s cell phone and Internet shutdown beg for analysis and reform, especially in an age of rapidly advancing technology. This Note analyzes the legal implications of BART\u27s shutdown, and sets forth a proposal to conform current technology and the law by recognizing the principle of a virtual forum comprised of the Internet and telecommunications networks

Topics: Bay Area Rapid Transit, BART, Cell Phone and Internet Shutdown, Virtual Forum, First Amendment, Law Enforcement, Public Order, Freedom of Speech and Assembly, Administrative Law, Communications Law, Constitutional Law, First Amendment, Internet Law, Legislation
Publisher: Digital Repository @ Maurer Law
Year: 2012
OAI identifier: oai:www.repository.law.indiana.edu:fclj-1626
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