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Is flashing headlights to warn of a speed trap protected by the First Amendment?
Kansas City Star ^ | February 4, 2014 | ROBERT PATRICK

Posted on 02/04/2014 7:17:57 AM PST by 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.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: flashingheadlights; speedtraps
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To: IYAS9YAS

Yep. Understood. Thanks.


41 posted on 02/04/2014 10:00:50 AM PST by Fester Chugabrew
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To: Fester Chugabrew
Yep. Understood. Thanks.

De Soto

No, that's not right.

Grenada

Nope, not that either.

De Nada...

There we go. I knew 2nd grade Spanish would pay off sometime.

42 posted on 02/04/2014 10:09:45 AM PST by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Second Amendment First

In my state, it isn’t illegal per se, but it is against the law to high-beam the oncoming traffic. That’s how they get ya.

Solution...make sure your lights are on low beam, and flick the switch a few times.

At night, unless you’re willing to turn your lights OFF for a split second (probably also illegal), you’re SOL.


43 posted on 02/04/2014 10:15:33 AM PST by FLAMING DEATH (I'm not racist - I hate Biden too!)
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To: longtermmemmory
Isn’t there an app that tells you where police cars are located?

There are several, actually. Trapster is the one that's been around the longest. It has a lot of interactivity, with other users providing near real-time updates to radar trap locations.

For those who would rather not use their phones for this purpose, some of the high-end radar detectors are able to link together using a similar network.

44 posted on 02/04/2014 11:40:01 AM PST by Charles Martel (Endeavor to persevere...)
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To: FLAMING DEATH
In my state, it isn’t illegal per se, but it is against the law to high-beam the oncoming traffic.

You can't flash to tell an oncoming car to dim their lights?

45 posted on 02/04/2014 11:52:51 AM PST by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Starstruck

You’re not supposed to. Of course, I’ve never seen that one enforced except for once, when a guy flashed his high beams at an oncoming motorist that was highbeaming him. The motorist wouldn’t dim his lights, so he hit his high beams a second time. Motorist still wouldn’t dim his lights, so the guy just switched to high beam like the other motorist.

Then, the blue lights came on atop the other motorist’s car. Don’t remember if the guy was cited or not, but he was definitely warned not to do it in the future.

Actually, I read a little and it is illegal to have them on in my state within 500 feet of an oncoming car.

I do it anyway when someone high beams me, though, and in case of road hazard or emergency vehicles.


46 posted on 02/04/2014 2:14:45 PM PST by FLAMING DEATH (I'm not racist - I hate Biden too!)
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To: Cletus.D.Yokel

Years back we had a CD in the car on channel 19, so did a majority of travelers. If there was a cop car on the road, it was breaker break, bear at mile marker (what ever) If another car was traveling with you, you dialed to another channel for private conversations.


47 posted on 02/04/2014 10:22:23 PM PST by goat granny (.)
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To: Charles Martel

I thought apps like trapster were taken offline because police objected.

Also relying on other people is not as reliable as using the police’s own vehicle lojacks.


48 posted on 02/05/2014 7:52:24 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
Oh, the police certainly did object, but Trapster is definitely still active. They've even got it ported to the Blackberry now. Escort's networked radar dectors use Trapster data.

IIRC, the cops were trying to negate Trapster's effectiveness by making false speed trap reports. Trapster countered by adding a "confirmation" feature, allowing users to either confirm an active speed trap or report it as false or inactive. Works well enough to tick the cops off.

49 posted on 02/05/2014 8:59:56 AM PST by Charles Martel (Endeavor to persevere...)
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