Spiff

You stated this statement was incorrect:

"There's no right or power ceded to the government allowing the government to restrict talking to a person vs. into a phone either."

So, that's why I asked.

PTravel

That's right -- the statement is incorrect because it demonstrates a fundamental misunderstanding of both the First Amendment and nature of the entire Bill of Rights. The fact that I'm unaware, off the top of my head, of any laws that prohibit cellphone use while permitting talking, has absolutely nothing to do with anything. Now, if you could cite a court case that held this kind of distinction constitutionally impermissible, you'd have a basis for contradicting me. However, you haven't and I'm quite certain you won't find one.

Pursuant to the First Amendment, the government has the power to restrict speech under a variety of circumstances and in a variety ways. Time, place and manner restrictions frequently address the mode of communication. These kinds of content-neutral restrictions, in the First Amendment context, are subject to intermediate scrutiny (a legal term of art) and measured against the following factors:

(1) Is restriction within the constitutional power of government?
(2) Does restriction further important or substantial governmental interest?
(3) Is the governmental interest unrelated to the suppression of free expression?
(4) Is the restriction narrowly tailored - no greater than necessary?
(5) Does the restriction leaves open ample opportunities of communication?

Spiff

Ok, as I surmised, there don't appear to be any existing bans on speech via cell phone mode only vs "traditional" speech, and there are unlikely be any legally enforceable such bans forthcoming.

PTravel

And, again, your surmise incorrectly. There is no reason a ban on cellphone use in aircraft wouldn't be enforceable. I've explained in detail why you are completely and utterly wrong in that respect. Some people acknowledge facts, other ignore them. [Removed unnecessarily personalized material]

Spiff

[Removed unnecessarily personalized Again, this latter part of the discussion is in the context of public places. The cabin of a commercial airplane is not a public place. Neither is the Immigration/Customs area of US entry ports.

PTravel

And, again, you do not understand First Amendment law at all. The law distinguishes between public, quasi-public and private. Aircraft are common carriers and thus subject to regulation as quasi-public. Immigration/Customs is also quasi-public.

This distinction has absolutely nothing to do with the government's ability to regulate cell-phone use.

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Often1

There are tons of examples of time & place restrictions on the First Amendment. Some are political in nature, e.g., you can't hold an otherwise protected demonstration on the plaza of the Supreme Court. Some are simply local ordinances which prohibit noise after a certain time of day.

There are even good examples in air carriers' safety & security polcies (which once filed with FAA become enforceable as violations of FAA rules). By way of example, raising your voice to interfere with the flight safety briefing and refusing to obey the direction of the Captain (or his designee air crew member).

Restricting in-flight cell phone usage is no different. And, it is an entirely appropriate government function as it is eactly the sort of thing in which most people have no real say. Thus, the fact that they don't like it doesn't mean they can do anything about it.

So, all about time & place. The time is when you're not in the air and the place is the gate area.

Spiff

You're unable to follow a conversation. [Removed unnecessarily personalized material]

There's apparently no law that forbids cell phone speech while permitting traditional speech in a public venue. And there's unlikely to be any such law anytime soon. [Removed unnecessarily personalized material]

PTravel

And I've already told you that there are.

There is right now -- it's the FAA ban, which Congress is considering maintaining.

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Xyzzy

We had PLENTY of years with phone calls on planes. How quickly some forget...

PTravel

Indeed, but the costs were extremely high and there was only one phone per row, discouraging casual use. As I recall, these phones did not ring, either.

cblaisd

Closed until the moderator has time to deal with. Sigh.

cblaisd
Moderator, Travel News