"The fact that we're protected under that Constitution in exercising the right of free speech, it's a wonderful thing. You've got to come from somewhere else to realize how valuable it is." ~ Pat Oliphant, Pulitzer Prize-winning editorial cartoonist

In 2014, a Missouri federal judge ruled that drivers have a First Amendment right of free speech to flash their headlights and warn other drivers of nearby police or radar use.

Q: What were the facts that led to this ruling?

A: A driver in Ellisville, Missouri was pulled over and ticketed for flashing his headlights. The ticket said that he was illegally warning other motorists that police were conducting radar speed checks ahead.

The city had an ordinance that provided for a $1,000 fine for headlight flashing that interfered with police operations.

The city dropped the charge, but Fox News reported that the local ACLU sued the city in federal court, charging that the driver’s arrest violated his federal constitutional rights of free speech.

Q: What did the federal judge say?

A: The federal court judge first issued a preliminary injunction prohibiting the city from enforcing the anti-headlight-flashing ordinance while the case was being decided.

The federal judge’s ruling contained strong language that flashing one’s headlights amounts to free speech protected by the U.S. Constitution’s First Amendment, because it "sends a message to bring one's driving in conformity with the law – whether it be by slowing down, turning on one's own headlamps at dusk or in the rain, or proceeding with caution." The ruling was made permanent on April 7, 2014.

Q: Why is this Missouri federal court ruling significant here in Tennessee?

A: The United States Constitution grants strong rights and privileges to all citizens across our entire nation. This is reportedly the first-ever federal court ruling addressing headlight flashing as protected free speech.

If any city, county, or state creates an ordinance or law conflicting with our federal constitutional rights, then such ordinance or law should be ruled unconstitutional and struck down. Our federal constitutional rights trump unconstitutional local laws.

James B. (Jim) Hawkins is a general practice and public interest law attorney based in Gallatin. This column represents legal information, and is not intended to take the place of legal advice. All cases are different and need individual attention. Consult with a private attorney of your choice to review the facts and law specific to your case. To suggest future column topics, call (615) 452-9200.