Does the Constitution Protect Flashing Headlights?

Wall Street Journal ^ | 09/20/11 | Nathan Koppel

[AtlasStalled]

A class action filed in Florida claims that it violates motorists’ free speech rights to ticket them for flashing their headlights, Florida Today reports.

The suit was brought against the Florida Highway Patrol by a Florida resident, Eric Campbell, who claims he was ticketed within one minute of issuing a headlight warning to other drivers.

[traditional1]

In the alternative, women should flash their “assets”, IMHO.

[ladyvet]

I warn EVERYONE! I hate the cops here and their traffic traps.

[momtothree]

People flash their headlights for a variety of reasons. For example, one may so so to warn drivers of an accident, deer in the roadway, or simply to acknowledge to another driver that you are giving them space to pull into your lane. Therefore, it is a communication of sorts. Personally, flashing your headlights is a free speech issue IMHO.

[WOBBLY BOB]

I would claim my flashing was accidental. I had no belt.

[brownsfan]

It should be legal to warn others, just my opinion.

[Lou L]

I'm not sure this is a free-speech issue, but rather a driver's rights or an intent issue. As a driver, you should be in full command of your vehicle, while operating under the driving laws prescribed by the state. Were there posted laws that said you couldn't flash your lights? I would ask a judge or jury, proove I flashed my lights to warn other drivers...assuming that warning other drivers of a speed trap is a violation of a law.

[UCANSEE2]

How can the officer determine the 'intention' of the person flashing their headlights?

Since I have seen incidents where traffic backs up when going by a radar trap, sometimes causing accidents, why would it be illegal for me to try and warn oncoming traffic to 'slow down' or 'be more aware' ????

[TribalPrincess2U]

Cops say they are there to slow drivers down, not to give tickets.
The man was doing the same thing.

[rokkitapps]

Cops have morphed into traffic patrol. Why don’t they get out of their cars and police the inner city on foot? Less gas, better cities. But all they do is patrol for auto violations unless their is a 911 call.

[Batman11]

PFL

[ladyvet]

It's all about the keeping the local coffers full. Worse then tax collectors.

[Erik Latranyi]

I would tell the officer that I was saying “hi” to a friend of mine.

Let him prove otherwise.

[mountainlion]

Lots of people flash their lights when there are deer, elk and big horn sheep on the road. Sometimes there are rocks on the road or a wreck or some other danger. Is it illegal to warn drivers of dangerous conditions?

[UCANSEE2]

Maybe we should bring back CB radios. We used to notify each other all the time when I had a CB radio in my car. Truckers still do.

[Mr. K]

Just say you saw someone else with their headlight on

[SoldierDad]

Yeah! Let’s do this!

[Bloody Sam Roberts]

I warn EVERYONE!

I used to. But I do not anymore.

I figure, if the oncoming motorist is proceeding at a speed at or under the limit, they don't need warning. I feel no need to warn people who are driving too fast. I'm not their mother and they should deal with the consequences of their actions.

[miss marmelstein]

I had my brights on the other day and was flashed twice before realizing my mistake. What’s wrong with that? I’m grateful that people pointed out my error. Sheesh. Cops need to get a life.

[JustaDumbBlonde]

" “Warning oncoming traffic that there are law enforcement officers ahead allows a speeder to slow down until he passes the officers — and then he starts speeding again,” Roberts said."

Objection -- assumes facts not in evidence, Mr. Roberts. There is no proof that speed is resumed and, if it is, you've got another chance at the offender. Surely you officers are able to put another unit 1/2 mile up the road, since you want to sit there with a radar gun rather than chasing illegals or something useful.