Flashing Headlights To Warn Other Drivers Of Speed Traps Is Protected By First Amendment, Federal Ju

[ashling]

A federal judge in St. Louis, Mo. has ruled that it's within drivers' rights to flash headlights as a signal to other motorists that speed traps lie ahead.

On Monday, U.S. District Court Judge Henry Autrey issued an order temporarily blocking a Missouri town from punishing drivers for their warnings, stating that flashing headlights falls under free speech as protected by the First Amendment.

[seabeyond]

1. oh goodie, i love doing that and then i heard someone got in trouble for that. thanks. nt

[lapislzi]

2. I consider it my civic duty

I'm helping other drivers comply with the law. How could that be bad?

[Gothmog]

3. Is there a written opinion yet?

That would be fun to use

[dreamnightwind]

4. I have been pulled over for this

The officer was really pissed. He didn't do anything, other than look for some other reason to hassle me (checked reg, no doubt looked for outstanding warrants, etc.) But it was a pretty frightening experience. Anyway he told me I couldn't do that, though of course offered no legal basis for that. I think he was angry that I was costing them revenue. Seemed like a good deed to me.

[GP6971]

7. Probably more

Like he was pissed off because it interfered with his quota, hence "performance".

[alcibiades_mystery]

12. On Route 17 east of Binghamton they used to have a speed trap, then a "flash trap"

Ridiculous.

[John1956PA]

5. For some time, I have been hoping that this precedent would be established.

I hope that it becomes adopted by all jurisdictions. To me, is seems heavy handed for the police to prosecute a driver in such a situation with a charge like "interference with police authority."

[Hassin Bin Sober]

9. I thought it already had.

IIRC, someone was setting up a class action in Florida because the state troopers kept ticketing even though they knew they weren't supposed to.

[yellowcanine]

6. Police should be happy because it makes speeders slow down.

Isn't that the goal?

[msongs]

10. umm the goal is generate income writing tickets. safety is secondary so don't get in their way nt

[yellowcanine]

16. Operative word being "should." Just sayin'

[Brickbat]

8. Where I live, I'd rather the drivers learn to slow down the hard way.

The road they're speeding on isn't built for speed, but God forbid they get to the cabin an hour late.

[indie9197]

11. So if a Federal Judge says it is protected speech then it is legal in all 50 states, correct?

This guy in Texas will be happy to here that!

http://abcnews.go.com/US/texas-man-fights-charge-warning-drivers-speed-trap/story?id=21559309

[ashling]

15. No

Last edited Thu Feb 6, 2014, 03:16 AM - Edit history (1)

only the state's where he has jurisdiction. A ruling of a federal circuit judge will only bind her circuit. Of course it can be used to persuade a judge in another jurisdiction. If two circuits have opposite rulings then the next case up has a chance of going to SCOTUS in order to get everybody on the same legal page, so to speak.

[Vattel]

13. reminds me of the people that have been fined for putting coins in other people's meters

when meter person is around. Charity should be legal.

[Quantess]

14. Oh good grief.

It's accepted under law, now?! What is the world coming to.