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Re: MTA Contradictory Communication! (continued)

Posted by TimLawNYC on Fri Feb 22 18:06:08 2008, in response to Re: MTA Contradictory Communication! (continued), posted by Dave on Fri Feb 22 17:00:38 2008.

Absolutely true, Dave. However, the extent to which those rights can be limited in those circumstances depends somewhat upon the extent to which the area in question is a public space. And, under many circumstances, only the "time, place, and manner" in which you can exercise those rights in public spaces can be regulated; outright bans on activities protected by the First Amendment are generally frowned upon.

Admittedly, it's unclear whether the platform counts as a "public space," but there's definitely an argument to be made for it. Along similar lines, it's unclear whether invitee or licensee status would apply on the platform even if it's a private space, since (as noted by several posters here already), one can buy a ticket once they get on the train (thus, one can theoretically be on the platform without a ticket, in which case it's doubtful that one is a licensee. If a person on the platform absent a ticket is an invitee, then the police really can't cite anybody for trespassing there).

In the case of the subway, we even have an MTA regulation that expressly ALLOWS photography, as long as you're not using "ancillary equipment." That would make it even tougher to make an argument that First Amendment rights can be abrogated on the platform.

Again, just my own thoughts and opinions; not legal advice and not a statement of the NYCLU.

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