[PLUG-TALK] BART telephone censorship

John Jason Jordan johnxj at comcast.net
Fri Aug 26 03:49:08 UTC 2011


On Thu, 25 Aug 2011 20:09:48 -0700
Keith Lofstrom <keithl at kl-ic.com> dijo:

>The EFF is not attacking the police with weapons - they are
>taking them to court.  The court may decide that the police
>were right and the EFF and the (citizens they presume to
>speak for) are wrong.  But I hope the court will decide for
>the EFF.  Either way, it is the courts and the legislature
>that makes these decisions, not the police, and that is 
>what is at issue here.  Shutting down public communications
>is not a power constitutionally or legislatively vested
>with the police.
>
>Never, ever, ever, let fear of a ruckus get in the way of
>the disruptive but essential work of protecting freedom,
>and the free speech we the people use to do so.

None of our freedoms are without limitations. At the risk of sounding
trite, Oliver Wendell Holmes said that you can't falsely yell "fire" in
a crowded theater. Although we've all heard that line over and over
again, I would like to point out that there have been countless cases
since Holmes in 1919, cases which further refine exactly when the
government has the right to abridge freedom of speech.

You are absolutely right that the courts will decide the matter. Rather
than get upset with what appears to be an outrageous act by the police,
I prefer to let the courts decide. The courts are more than capable of
letting the police know if they have overstepped the law. Nothing for
me to do here.



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