Skip to comments.Judge says flashing headlights is free speech
Posted on 04/11/2014 2:47:16 PM PDT by Da Bilge Troll
GRANTS PASS, Ore. (AP) -- 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."
The Jackson County Sheriff's Office did not return a telephone call for comment.
(Excerpt) Read more at wtop.com ...
Those truly interested in public safety should be pleased when a driver slows down after receiving a warning from a fellow motorist. Those chiefly interested in money and tyrannical power not so much.
They don’t care about safety its about control and tickets. The whole idea that individuals don’t have a right to detect, signal, or alert others to the presence of law enforcement is crap. I support the police strongly but we don’t need a police state which in many ways we already have.
Cops are Revenuers for the Welfare State.
Hope Jackson County residents hide their dogs this week.
Is it legal to warn other drivers in California?
I’ve heard of guys standing out with signs before speed traps. Then another guy with a tip jar after the cop.
There are also apps for people to share speed trap locations live.
How long before telling the position of a cop is made illegal? For our own safety of course...
Isn't the sign that says 'Welcome to California' warning enough?
Oregon, where even the Sheriffs are reds.
Glad there is one judge who is sane.
Heck - truckers notify each other of everything - what’s the difference? Do they get ticketed for using their radios?
>>There are also apps for people to share speed trap locations live.
Waze. It does a lot of other things as well.
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