Federal Judge Says Flashing Headlights, Even to Warn of Speed Traps, Is Likely Protected Speech

The St. Louis Post-Dispatch reports:

The American Civil Liberties Union is hoping that a federal judge’s ruling Monday that temporarily barred Ellisville 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. 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.

The ACLU did provide the name of one person who had complained. Robert DuBois, 44, of St. Peters, said that he was stopped in Ellisville three or four years ago for warning drivers about a speed trap. After doing his own legal research, and turning down a deal with the prosecutor, he took the case to trial and lost. The judge, DuBois said, fined him $1,000 but suspended the fine as long as he was not ticketed for flashing his headlights for a year — anywhere in Missouri. . . .