First Amendment to the Constitution of the United States of America

First Amendment to the Constitution of the United States of America:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Monday, July 15, 2013

Honking and flashing headlights = free speech

Two cool articles published today raise an offbeat First Amendment issue: can you exercise First Amendment rights with your car?  Yes, you can.

Emily Foxhall of the Los Angeles Times wrote today about an incident yesterday where a motorist, Nick Silverman, was ticketed by the Los Angeles Police Department for honking his horn to show his support for people protesting the verdict in the George Zimmerman trial.  Apparently, the ticket actually states that Silverman was "honking to support protestors."  It also states that he honked "excessively," but he says he only honked once. 

In 2011, the Washington Supreme Court struck down an overbroad law that restricted honking, holding that honking can be a form of protected speech under the First Amendment.  That kind of precedent makes sense as the U.S. Supreme Court consistently recognizes conduct that communicates (e.g., flag burning) as a form of speech.  Silverman's honk in support of protestors is protected as well.

In another piece published today, Amy E. Feldman of Constitution Daily reports that individuals in Utah, Florida and Tennessee successfully disputed citations for obstructing justice when they flashed their headlights to warn oncoming drivers of a speed trap ahead.  These courts found that the flashing headlights were a form of speech. 

6 comments:

  1. Can you use your vehicle to exercise your First Amendment rights? Absolutely! Feel free to paint your message on the side of your car and drive around town and "be heard". Your message will get across and you are not creating a potentially dangerous situation.

    Should we take Silverman's word that he only honked once? Why? Clearly he has motive to get out of the ticket and will try to minimize what he was doing .. but even once is not in accordance with California's Safe Driving Practices.

    Use Your Horn

    Only when necessary, to avoid collisions.

    To try to get "eye contact" with other drivers. You may tap your horn to alert another driver who might turn in front of you and cause a collision.

    On narrow mountain roads, where you cannot see at least 200 feet ahead of your vehicle.

    Don't Use Your Horn

    If a driver or bicyclist is going slowly, and you want him or her to drive faster or get out of your way. The driver or bicyclist may not be able to safely go faster, due to illness, being lost, intoxication, or having mechanical problems with the vehicle.

    To alert other drivers that they made a mistake. Your honking may cause them to make more mistakes or to become angry and retaliate.
    Because you may be angry or upset.

    To honk at pedestrians, bicyclists, or motorcyclists unless necessary to avoid a collision. Remember that your horn sounds much louder outside a vehicle.

    NOTE: Honking your horn may startle other drivers. It is safer to slow down or stop instead of honking your horn.

    [Source: http://apps.dmv.ca.gov/pubs/hdbk/hrn_hlts_es.htm]

    Driving is a privilege not a right. Should Silverman be arrested for his excessive honking? Perhaps not. But if he continues to violate the safe driving practices to which his privilege of operating a motor vehicle in California is based upon, he should lose his license.

    Devil's Advocate

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  2. I appreciate the comment, Devil's Advocate, but in this context I respectfully disagree.

    Driving may be a privilege, but conduct that communicates is a right. Just because a DMV "driver handbook" or the vehicle code reads a certain way does not mean that either supersedes the First Amendment.

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  3. The First Amendment however does not nor should not blindly allow for that conduct to create a dangerous situation (e.g. "Fire!" in a theater). The "driver handbook" states clearly that this rule is there in part so as not to startle other drivers. By doing so you are putting others in danger and thus it should not be protected speech.

    Ignoring all of that for a moment. Consider it conduct that is protected, does the state still have the right to revoke a driver's license for that conduct? And if they can do that, why not be allowed to issue a ticket?

    Perhaps I should modify a car so that it generates a different sound based on the speed it is going. Then, it isn't that I was speeding, its that I was making a specific noise to express my First Amendment Rights.

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    Replies
    1. Clearly the horn honking was at a place where it was interpreted , even by the policeman as speech. Speech is protected by the first amendment. There needs to be a compelling interest to penalize it. Feelings or comfort is hardly a grounds to punish speech. in many places in the world we applaud citizens protesting fascist dictatorships using horns, banging on pots, shouting etc. Its called a demonstration. But here the 1st amendment has no such moral protection. Devils advocate takes a ridiculous position claiming that because the law states when and how a horn is to be used its use as speech can be punished- first amendment be damned. He claims a number of things that might happen. Frankly people who have bumper stickers that I can't quite read cause rear ends and pretty girls wearing not enough clothes cause way more accidents. He would punish them too I suppose. Typical Conduct at demonstrations that do not pose an immediate risk of serious harm should never be punished in the USA. I doubt it is even punished in England or Germany. We should b better. Washington,Jefferson and Franklin would roll over in their graves.

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    2. Clearly the horn honking was at a place where it was interpreted , even by the policeman as speech. Speech is protected by the first amendment. There needs to be a compelling interest to penalize it. Feelings or comfort is hardly a grounds to punish speech. in many places in the world we applaud citizens protesting fascist dictatorships using horns, banging on pots, shouting etc. Its called a demonstration. But here the 1st amendment has no such moral protection. Devils advocate takes a ridiculous position claiming that because the law states when and how a horn is to be used its use as speech can be punished- first amendment be damned. He claims a number of things that might happen. Frankly people who have bumper stickers that I can't quite read cause rear ends and pretty girls wearing not enough clothes cause way more accidents. He would punish them too I suppose. Typical Conduct at demonstrations that do not pose an immediate risk of serious harm should never be punished in the USA. I doubt it is even punished in England or Germany. We should b better. Washington,Jefferson and Franklin would roll over in their graves.

      Delete
  4. For scheduling, it was absurd. It took them weeks to get back to me with a scheduled day and then when the time they chose 2 weeks after I'd requested a date, didn't work, it was impossible getting ahold of anyone within the business. HID bulbs

    ReplyDelete