BART spokesperson Linton Johnson held a press conference to address the need to disrupt communications in advance of a lawful, peaceable assembly.

He spoke of a US Supreme Court case from 1969 that he said supported BART’s right to do so. Indeed, there could be no other case that Mr. Johnson was referring to besides Brandenburg v. Ohio (1969), the 1969 case that said that prior restraints upon seditious speech were valid in such narrow circumstances that the government must prove that the seditious speech was going to cause an “imminent lawless action” before a restraint on speech could stand.

No case following Brandenburg has ever held speech to constitute an “imminent lawless action.” BART, as judge, jury and executioner of free speech, is the sole body to reach that conclusion.

The shutting down of services has sparked a legal debate that is definitely worth having. An action like this had never been taken by a government agency. On one hand, organizations like the Electronic Frontier Foundation (EFF) contend it violated citizens’ First Amendment rights. EFF Austin (not affiliated with EFF) thinks BART likely violated section 333 of the Communications Act posted a statement showing. (Users have been using Twitter to urge people to file complaints with the FCC.)

On the other hand, there are those who do not think this could be challenged in court. The ACLU condemned BART’s move but a staff attorney with the ACLU now tells Wired that there could be times when a government agency would be justified in shutting down mobile services.

At this point in history, the US government perpetrates at least seven wars. A stagnating US global economy now serves the wealthiest one percent at the expense of the bottom ninety-nine percent. The political class has an increasing disinterest in confronting the current and oncoming crises that have and will result from climate change. And, there is an intensifying bipartisan consensus among the Washington establishment that national security and American capitalism should trump civil liberties and digital privacy rights.

Now more than ever the American people of this country need to be out in public spaces debating with one another, having dialogue about the issues that corrupt and inept politicians will never properly confront.

There are many initiatives going on in the country. Protests are happening every day and the people are coming out to show their leaders they are angry and outraged.

Kevin Zeese: “People are all reaching the same conclusion together. There is a groups consciousness that is developing that the dysfunctional government that’s corrupted by corporate dollars is not acceptable anymore.”

A man with profound courage and great character, climate activist Tim DeChristopher, went to jail today for bidding on oil and gas leases on federal land when he didn’t have the money to pay for the bids he placed. Sentenced to two years and fined ten thousand dollars, DeChristopher was taken into custody immediately following his conviction of two felony counts of interfering with and making false representations at a government auction.

Rep. Dennis Kucinich (D-OH) has written a letter to Attorney General Eric J. Holder expressing concern about an investigation into antiwar activists in Minneapolis and Chicago. The congressman is the latest member of Congress to send Holder a letter on this matter.

Israel passed a law punishing people who advocate for a boycott of the settlements. The law is definitely not only a blow to freedom of speech in Israel but also another act of repression against Palestinian solidarity activism in Israel.