Are Headlight Warnings of Speed Traps Protected Free Speech?

Most of us are familiar with the practice; you're driving down the street when you spot a speed trap and you flash you headlights to warn oncoming motorists.  While the police officer operating the speed trap will likely not be pleased, the question remains: may he or she ticket you or is this a form of protected speech under the First Amendment of the US Constitution?

Recently a driver in Missouri was ticketed for flashing his headlights and was ordered to appear in court.  The driver refused to plead guilty, even when the judge threatened him with insinuations that he may be obstructing justice.  Although the prosecution eventually dismissed the charges, the driver was not satisfied.  In April he filed a federal lawsuit against the town that issued him the ticket, claiming that such ticketing was a retaliatory practice which violated the First Amendment. 

While certain speech can be prohibited, such as direct threats or yelling bomb on an airplane, the headlight flashing does not seem to fit into any of these unprotected classes of speech.  Additionally, it would appear as though the speech is being targeted due to its content (ie: warning oncoming motorists), and such content based restrictions receive very high scrutiny when reviewed by a court.

While the Missouri driver's case is still pending, other states have already decided on the issue.  Judges in Utah and Tennessee have ruled that this practice is in fact protected speech, and in Florida a state law was passed which banned prosecutions for headlight flashes. 

What do you think?  If such a case came before the Rhode Island courts, how do you think they would or should decide the issue?

Got a legal question?  Send me an email at AThayer@srt-law.com

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