Is flashing headlights to warn of a speed trap protected by the First Amendment?

Kansas City Star ^ | February 4, 2014 | ROBERT PATRICK

[Second Amendment First]

ST. LOUIS — The American Civil Liberties Union is hoping that a federal judge’s ruling Monday that temporarily barred a Missouri city from punishing drivers for using their headlights to warn others of speed traps will itself serve as a warning to other cities who try to do the same.

ACLU Legal Director Tony Rothert said Monday that it was the first federal court ruling on the issue anywhere in the country. “It is legal in Missouri to communicate in this manner,” he said, “and detaining, ticketing or arresting someone for the content of their speech is illegal. “

U.S. District Judge Henry Autrey’s preliminary injunction says that Michael J. Elli would likely prevail in a free speech lawsuit against Ellisville, Mo. Autrey’s ruling says that the officer “did not have reasonable suspicion to believe that Plaintiff had violated any law” and that it is not illegal to warn drivers “because a speed trap is ahead.”

The ACLU sued on behalf of Elli and other drivers last year, saying that drivers using their headlights to communicate about a speed trap — or another reason to proceed with caution — are protected by the First Amendment.

Rothert said that after Elli’s suit, they heard from drivers that other jurisdictions in Missouri and Illinois were also ticketing drivers for warning of speed traps, although the Post-Dispatch could not confirm current ordinances or enforcement actions with any of the named jurisdictions Monday afternoon.

[Jewbacca]

” remember the CB back then being the only place one could socialize. The young kids I work with probably have never heard of them.”

CB radios are now called “Facebook”

[rawhide]

“I wasn’t flashing to warn of a speed trap. I flashed my lights to warn the oncoming car to slow down—for safety’s sake.”

I gave the state patrol that excuse a few months ago. He told me that a criminal might be on the loose and I just notified him of a police present up ahead. He also told me the next time he catches me doing this that he would give me a ticket for inoperative headlights. I just kept me mouth shut and he let me go on my way.

[OldMissileer]

“I wasn’t flashing to warn of a speed trap. I flashed my lights to warn the oncoming car to slow down—for safety’s sake.”

I have done so for speed traps but I also flash my headlights when I see deer around or crossing the road.

[IYAS9YAS]

“I wasn’t flashing to warn of a speed trap. I flashed my lights to warn the oncoming car to slow down—for safety’s sake.”

Ayup. Prove me wrong.

[sickoflibs]

I use the free nav app WAZE to warn other WAZERS of cops, traffic, objects, even gas prices

[IYAS9YAS]

Try telling flipping the bird at a cop, or telling a judge to KYA.

The first is: http://www.deathandtaxesmag.com/193157/federal-judge-rules-flipping-off-cops-is-legal-lawyer-calls-it-a-civil-rights-victory/. The second, I'm not sure of.

[Fester Chugabrew]

Okay. Give it a try next time you’re around a cop. He won’t do anything. Other limits on speech include slander and perjury. My point is that free speech has its legal limits.

[dfwgator]

Maybe you should just give a panic signal instead.

[Milton Miteybad]

U.S. District Judge Henry Autrey’s preliminary injunction says that Michael J. Elli would likely prevail in a free speech lawsuit against Ellisville, Mo. Autrey’s ruling says that the officer “did not have reasonable suspicion to believe that Plaintiff had violated any law” and that it is not illegal to warn drivers “because a speed trap is ahead.”

That's not what I'm saying when I flash my headlights at oncoming traffic, Your Honor. I'm telling my fellow motorists that they will soon be approaching emergency vehicles (the police cruiser) up ahead and that they should exercise caution while in the area.

Safety first, Your Honor.

[servantboy777]

The cops gotta right to stop folks, folks gotta right to flash their lights to warn other drivers to slow down.

I do it and will continue to do it. They penalize me for it, well so be it.

Some rules are made to be broken. Abortions legal...don’t make it right...right?

[longtermmemmory]

Isn’t there an app that tells you where police cars are located?

[Celtic Conservative]

I do it all the time and I am a cop. When I’m working I want people to comply with the law. If flashing your highbeams gets compliance, then cool.

CC

[so_real]

Once upon a time police cars had a consistent black-and-white paint job, markings on the doors, special license plates, and bubbles on top. The police made it a point to stand out from the crowd so that when help was needed, it was easy to spot those who "serve and protect". Now ... not so much. They ride in "unmarked" cars and hide in alleys with the lights off. Why? Simple. Serving and protecting now plays second fiddle to the tax-without-a-tax revenue stream they generate. Folks flash their lights to help others avoid the tax. More power to them. Nobody is going to flash their lights to warn an idiot driving 100mph in school zone. We'd all be pleased to see that idiot's license revoked. But I'd have no qualms about flashing my headlights to remind the casual driver that might be a couple miles per over the limit to mind his speedometer.

[jiggyboy]

He told me that a criminal might be on the loose and I just notified him of a police present up ahead.

Good one. I wonder how long they sat around the barracks to come up with that. That said, it fails the reasonableness test on its face, never mind that he would be forced to admit on the stand that he knew that there were no criminals on the loose, and if there were, he would also know that it'd be all over the radio.

[SZonian]

For every year you were speeding and didn’t get caught, you should have just put $10 in a jar...it seems like you’re getting your money’s worth. ;^)

[jiggyboy]

Your Honor. I'm telling my fellow motorists that they will soon be approaching emergency vehicles (the police cruiser) up ahead and that they should exercise caution while in the area.

Beautiful! I'm writing that on the top of the inside of my windshield.

[pierrem15]

Hmm, I think, “To fleece and to beat” is more accurate.

[JimRed]

Since this will cost me over $300 I now use my radar detector whenever I’m driving.

Illegal in how many states now?

[JimRed]

Illegal in VA, DC, and in NY for vehicles over 18,000 pounds.

[IYAS9YAS]

Okay. Give it a try next time you’re around a cop. He won’t do anything.

Never said he wouldn't do anything. Just stated that case law supported it as protected speech.