Oakland, CA-On Monday, April 30 2012, several prominent national and California groups filed formal Comments with the Federal Communications Commission (FCC) condemning the 2011 wireless shutdown by the Bay Area Rapid Transit District (BART). The shutdown happened in the wake of protests following a shooting death at the Civic Center BART station.
The comments, (below) highlight President Obama’s executive order of April 22nd, 2012 sanctioning those that effect network disruptions and recommends:
“That any regulations that may be adopted should prevent a provider from unilaterally shutting down the wireless system based on the anticipated content of the speech. The U.S. should be a leader in setting a standard for wireless communication that protects speech and promotes democracy”.
The comments were prepared by the Committee on Democratic Communications of the National Lawyers Guild, including attorneys Daniel Senter, Peter Franck and Mike Lee, in collaboration with Media Alliance. Endorsers included national civil rights organization Color of Change, The National Hispanic Media Coalition, The Sugar Law Center for Economic and Social Justice, The Green Party of Alameda County and many others.
CDC member and attorney Peter Franck says “This is the first time a public agency shut down an entire mobile network to censor a specific type of anticipated speech. This was a complete violation of the First Amendment and the (under international law) right to communicate. We are glad that the FCC is looking into this. It’s critical that they take swift, decisive action to prevent this from ever happening again. That was the purpose of the Comment we filed with them on Monday”.
Media Alliance Executive Director Tracy Rosenberg said “Communication rights, regardless of location and regardless of the nature of the legal content, are inalienable parts of functional democracy. They should not be selectively shut down in a free society.”
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