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Judge rules flashing headlights is free speech in Oregon case
Fox News ^ | 11 Apr 2014 | Associated Press

Posted on 04/11/2014 7:15:04 AM PDT by relictele

Hauling a truckload of logs to a Southern Oregon mill last fall, Chris Hill noticed a sheriff's deputy behind him and flashed his lights to warn a UPS driver coming the other way.

The deputy pulled over Hill on U.S. Highway 140 in White City and handed him a $260 ticket for improperly using his headlights, saying another deputy had seen the flashing lights from behind the UPS truck and alerted him to stop the log truck because of the signaling.

Outraged, Hill decided to fight the ticket, and on Wednesday, a Jackson County Justice Court judge dismissed the citation, finding that motorists flashing their headlights amounts to speech protected by the Oregon Constitution.

Judge Joseph Carter determined the law covering the use of high beams was valid, but was unconstitutional as it was applied by the deputy.

"The citation was clearly given to punish the Defendant for that expression," the judge wrote. "The government certainly can and should enforce the traffic laws for the safety of all drivers on the road. However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct."

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: Oregon
KEYWORDS: enforcement; motoring; tickets; traffic
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It seems that this and other incidents thankfully have the same proper outcome but they are still far too plentiful.

Despite denials of quotas, directives, etc. it's clear that revenue collection is the priority of so-called law enforcement and that giving a badge to a person with a preexisting condition i.e. a Napoleon complex is a recipe for trouble. The red mist descends when they realize their presence is being announced and they issue trumped-up citations.

To debate the legality of such an action is to miss the point; what are laws regarding such an action doing on the books in the first place and why do police feel justified in looking for so-called infractions?

As usual, in their zeal to collar so-called lawbreakers, they unwittingly expose the 'safety' canard. After all, why is law enforcement upset that citizens are encouraging strict compliance with too-low speed limits (don't get me started) and other traffic laws?

1 posted on 04/11/2014 7:15:04 AM PDT by relictele
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To: relictele

Lol, I bet the police love that judge now.

How dare you inform others about the police being present!


2 posted on 04/11/2014 7:17:35 AM PDT by struggle
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To: relictele

Would the judge rule it free speech if I flew the bird in the courtroom?


3 posted on 04/11/2014 7:17:35 AM PDT by boycott
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To: relictele

It’s a lot easier (and safer) to take down middle class traffic violators than gangsta drug sellers and violent offenders.

Sort of like the FBI here in Indiana sending legions of agents to take down a 90 yr old historical collector living in the boondocks.


4 posted on 04/11/2014 7:20:05 AM PDT by nascarnation (Toxic Baraq Syndrome: hopefully infecting a Dem candidate near you)
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To: relictele

Just to check, around my area (the Deep South), it’s 3 headlight flashes to warn of a police check-point/speed trap/etc. Is that the same as everyone else’s system?


5 posted on 04/11/2014 7:20:40 AM PDT by alancarp
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To: alancarp

Unfortunately, in Yankeeland and elsewhere they suffer from the usual dearth of manners i.e. flashes are all too rare.

In the South the light-flashers are quite reliable, although in the bigger cities where, ahem, interstate migration has occurred the light-flashing standard has slipped badly.

I also recommend the Waze app for smartphones. GPS/Navigation, traffic conditions/reporting by users including road hazards, weather, accidents and....Johnny Law.


6 posted on 04/11/2014 7:24:28 AM PDT by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The End)
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To: relictele

From the courts right down to the local police we are finding insanity.


7 posted on 04/11/2014 7:27:35 AM PDT by Logical me
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To: alancarp

8 posted on 04/11/2014 7:28:02 AM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th
I don't know that I want to repeat many of those messages flashed in my direction :)
9 posted on 04/11/2014 7:29:42 AM PDT by alancarp
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To: relictele

Highway Patrol in Florida pulled this same crap several years ago. The judge wound up throwing that out too.


10 posted on 04/11/2014 7:30:33 AM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: relictele
Virginia has a law which bans radar detectors. They have a fine racket going along I-77 where local jurisdictions send out unmarked cars and split their ticket proceeds with the state. They will do crap such as tailgate the drivers, box them in behind slow trucks, then drop back enough for you pass and nail you with a speeding ticket when you do.

The traffic is relatively light on this stretch of interstate. Meanwhile, sections of I-81 and I-95 are heavily traveled and everyone speeds a lot more. If they don't, they become road kill.

My Garmin GPS actually has a built in radar detector. I'm supposed to disable the feature when I drive in Virginia. It's all about making life easier for the highway robbers who hide behind a badge and a "Smokey the Bear" hat.

11 posted on 04/11/2014 7:31:01 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: All

high beam flash is outdated now,
i have a smartphone app (waze) that tells me where all the nearby police, traffic jams, hazards are.
all information are updated by people around me.


12 posted on 04/11/2014 7:34:24 AM PDT by VAFreedom (maybe i should take a nap before work)
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To: relictele

Seeking to collect taxes from otherwise law-abiding motorists is much safer than pursuing dangerous weapon-wielding bad guys.


13 posted on 04/11/2014 7:35:23 AM PDT by Sgt_Schultze (A half-truth is a complete lie)
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To: relictele

14 posted on 04/11/2014 7:38:49 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Vigilanteman

Yes, well familiar with the stretch of hell known as the 66 miles of I-77 through VA. Bland County Sheriff et al. Bland, per its name, must have zero crime as 100% of cops are on the interstate 100% of the time.

A cousin of mine was relieved of his radar detector. No ticket, but they have a detector detector!

As before, Waze is indispensable and perfectly legal, much to the chagrin of cops.


15 posted on 04/11/2014 7:44:24 AM PDT by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The End)
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To: struggle

How can the police PROVE that it was a warning to other drivers?

Oh wait, it they say so it must be so - GUILTY.


16 posted on 04/11/2014 7:50:07 AM PDT by chiefqc
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To: relictele

LOL. Send this one up to the Supreme Court and see if it falls within Breyer’s “the First Amendment only protects speech that improves the democratic process” rubric.


17 posted on 04/11/2014 7:50:08 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: relictele

A friend of mine, got an alert on his pager than his warehouse security system had gone off. He asked me to ride with him to check it out. His warehouse was in the industrial park, we came down the dark street and there was a car driving slow near his warehouse, without headlights. He flashed his high beams and the car came alive with blue and red lights. It was a unmarked cop car and they tried to give him a ticket for flashing his lights at them. I say tried because we had a Texas Ranger riding with us and he told them he said to flash our lights, because they looked suspicious driving without lights.


18 posted on 04/11/2014 7:56:27 AM PDT by razorback-bert (Due to the high price of ammo, no warning shot will be fired.)
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To: relictele

The entire purpose of traffic enforcement is to get people to OBEY the speed limits. If this is what flashing headlights does, isn’t the goal the same as that of the police?


19 posted on 04/11/2014 7:56:28 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: fwdude
The entire purpose of traffic enforcement is to get people to OBEY the speed limits generate revenue for government.
20 posted on 04/11/2014 7:59:16 AM PDT by nascarnation (Toxic Baraq Syndrome: hopefully infecting a Dem candidate near you)
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