Submitted via IRC for Fnord666
Law enforcement officers tend to frown on citizens interfering with their revenue generation. This has led to a number of First Amendment lawsuits from people arrested for warning others about [check notes] the existence of police officers in the vicinity.
One citizen was told as much when he was arrested for holding up a sign reading "Cops Ahead." One cop kept on script, referring to the man's actions as "interfering with an investigation." It wasn't an investigation. It was a distracted driving sting. The cop actually hauling him to the station was more to the point, telling the man he was arresting him for "interfering with our livelihood." First Amendment violation or felony interference with a business model? Why not both?
A lawsuit was filed in 2018 seeking a declaration that honking a car's horn is protected expression. And, all the way back in 2011, a class action lawsuit was filed over citations and arrests for flashing headlights to warn drivers of unseen officers.
A federal judge has decided -- albeit not very firmly -- that at least one of these actions is protected by the First Amendment. Wisconsin Magistrate Judge Stephen Crocker says flashing your headlights to warn drivers of speed traps is expressive speech -- something cops would be better off not trying to punish. (via Volokh Conspiracy)
(Score: 5, Informative) by fliptop on Tuesday May 07 2019, @10:52PM (2 children)
Honor Your Oath [youtube.com] has a good video regarding this topic. In 2005 a Florida judge issued a court order telling the FHP to stop ticketing motorists for flashing their high beams to warn of speed traps. The judge ruled it's a form of communication and thus protected by the 1st Amendment.
Here's another video [youtube.com] where the ruling was tested.
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
(Score: 2) by takyon on Tuesday May 07 2019, @11:00PM
Jeff Gray, hell yeah.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 5, Informative) by woodcruft on Tuesday May 07 2019, @11:21PM
I remember in the UK back in the 70s somebody was busted by the police for holding up a sign saying "Speed trap ahead!" on the side of a road.
The police argument was that he was "obstructing justice", a criminal offence in the UK.
The member of the public argued in court that the police were primarily employed to "uphold law & order" and by holding up the sign he was assisting the police in discharging their duties to do so.
ie. drivers were as a result of his sign, less likely to speed and thus break the law.
The judge found for the defendent.
:wq!