Computers, Privacy & the Constitution

View   r4  >  r3  ...
NealBurstynSecondPaper 4 - 17 Jun 2015 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"

BART and the Cellphone Kill Switch

Line: 44 to 44
 This discussion thus illustrates why the FOIA request in EPIC v. Homeland Security is potentially crucial to understanding what SOP 303 and incidents like the BART shutdown actually are in terms of First Amendment jurisprudence.
Added:
>
>

Like the first essay, the problem here is a matter of cherry-picking constitutional doctrine and the resulting analysis. Turning a time, place and manner restriction into content-based prior restraint is easily done, by ignoring the legal distinctions. A mobile phone in use at the possible site of an underground demonstration may not seem to you like a bullhorn used on a residential street at 2am, but the legal problem presented is akin to that, rather than to the Pentagon Papers. Your preferred solution on rewrite of the first essay, to make the central distinction you had to confront a mere inconvenience on reargument, is not generally speaking a good idea, and wouldn't work here either. I think you have good arguments to offer, but your habit of beginning by cutting off your awareness of current law at the root is not the best way to develop them.

 



Revision 4r4 - 17 Jun 2015 - 15:22:47 - EbenMoglen
Revision 3r3 - 09 May 2015 - 14:51:42 - NealBurstyn
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM