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Old 10-13-2011, 07:51 PM   #2
Automobill

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Oct 2005
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http://www.foxnews.com/us/2011/10/12...s-big-trouble/

Erich Campbell thought he was being helpful. The Florida Highway patrolman thought he was being obnoxious and disrespectful and gave him a $101 fine.

“I couldn’t believe it,” said Campbell as he paced next to Veterans Highway in Tampa, Fla.

“I was in complete disbelief.”

Campbell’s crime?

He flashed his headlights to alert oncoming cars after passing that patrolman’s speed trap.

“It’s something I do,” he explained. "I don’t think it should be against the law."

In December 2009, the patrolman was set up on the southbound side of Route 589 near the Tampa International Airport. In a recording of the stop, the officer told Campbell he had seen his lights flashing. “It’s illegal,” he said before giving him a ticket that read “improper flashing of high-beams.”

Campbell eventually got the ticket dismissed, but he recently filed a class-action lawsuit against the state over writing similar citations.


Thoughts? Is this a First Amendment issue?

I can see the police point of view that it's obstructing the job of the police to catch law breakers. You could agree with the guy saying they can't prove why he flashed the lights but violation of free speech? I don't know.
First thought is Florida State law, which kind of has its own ability to determine when what could be referred to as "free speech" is in direct violation of public safety. Think flashing a laser pointer in the eyes of a helicopter, if the state deems it illegal would it be a "First Amendment" issue? Most states I'm aware of have rules regarding the use of high beams towards oncoming traffic. Whether it was intended to punish the guy for giving proper warning to speed traps sort of falls flat if the practice is illegal anyways.

As I'm not currently a resident in Florida I don't know for certain what it says, but I find that particular state law to be common enough I think it's probably being legally enforced.
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