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Is honking a car horn a First Amendment right? Ask the lawyer

Q: I was driving the family to breakfast. A group of political activists were on the road and we were in the next lane. They were honking their horns– blaring them is more like it — incessantly, rather than mentioning the “cause” they were supporting. This was on a Sunday morning, near a neighborhood, and it was very noisy, lasting at least several minutes. Is that legal?

B.K., Lawndale

Ron Sokol
Ron Sokol

A: Horn honking comes in a variety of sizes and shapes: You might honk if someone is stopped at a green light, and not going forward; or honk to make sure that a person does not back out of their driveway as you drive by; or you honk to let a friend know you are outside, waiting; or perhaps you are just married and there is some brief, cheerful honking.

In a recently reported case, however, the U.S. Ninth Circuit Court of Appeals ruled that honking is not a First Amendment-protected activity. In that matter, a driver repeatedly honked her horn while driving past protesters and was issued a ticket for violating state law against misuse of car horns. The statute on point — Vehicle Code Section 27001(a) and (b) — prohibits utilizing a car horn except “when reasonably necessary to insure safe operation” or when used “as a theft alarm system.” But there is an energetic dissent, which suggests the ruling is a form of censorship, though the majority rejected the horn honker’s position about the First Amendment. One reason involved the court’s view that the car horn is a protective device, not a form of political expression.

Q: If I have an emergency situation and I have to get someone to the hospital, can I use a siren? I have a device that makes a similar sound. And if I’m racing to get to the emergency room because I think it’s life and death, is that going to avoid a ticket for speeding?

G.N., Palos Verdes

A: California Vehicle Code Section 27002 sets forth:  “No vehicle, except an authorized emergency vehicle, shall be equipped with, nor shall any person use upon a vehicle any siren except that an authorized emergency vehicle shall be equipped with a siren meeting requirements.”

Bottom line, I do not see an exception that permits your using a siren even in the circumstances you describe. That is not to say I am unsympathetic, including if you are speeding to get to the ER to save a life; but the law is the law. You may be able to mitigate the impact of the speeding ticket in some manner, if you get one, but that kind of driving is to be left to law enforcement, ambulance or paramedics. If you have a crash because of your excessive speed, you will still be to blame and liable even though you were seeking to be heroic.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional. 


Source: Orange County Register

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