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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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To: alancarp

In some states you tap your foot in the stall of a public bathroom - just give it a shot

:)


41 posted on 04/11/2014 10:10:58 AM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: PrairieLady2

The warning could be police ahead...


And that actually can be dangerous, even if only a speed trap. People sometimes do kinda nutty things when they suddenly spot that cop on the side of the road. It really is a danger zone. Warning people of it is prudent.


42 posted on 04/11/2014 10:17:33 AM PDT by cuban leaf
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