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General discussion

Free speech, or illegal noise?

Apr 24, 2005 2:41AM PDT
Woman gets honking mad over receiving horn citation.
(Chronicle login: semods4@yahoo.com; pw = speakeasy)

>>An Oakland woman alleges Berkeley police violated her First Amendment rights when an officer ticketed her last year for honking in support of a labor union's picketing outside the Claremont Resort and Spa to protest rising health care costs and other issues.

Carol Harris, 51, is appealing her $143 "unreasonable use of horn" citation to Berkeley's Police Review Commission.

Harris was among nearly 40 motorists who received tickets beginning shortly before midnight on Aug. 27, accused of violating a California Vehicle Code section prohibiting the use of horns except "when reasonably necessary to insure safe operation" of vehicles or as part of a theft-prevention system.<<

So much for "Honk if you love Jesus!" (To say nothing of when picking up a car-pooler in the rain, or running late). If this were at night, I could see it -- but this was in broad daylight!

-- Dave K, Speakeasy Moderator
click here to email semods4@yahoo.com

The opinions expressed above are my own,
and do not necessarily reflect those of CNET!

Discussion is locked

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(NT) (NT) Enough, you two.
Apr 25, 2005 4:09AM PDT
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Dan, no one, in spite of stenuous efforts, is quite sure of
Apr 25, 2005 8:56AM PDT

what your position on anything is. It can be inferred, but you always reject the inferrances. With just a few rare exceptions, you don't committ to any position.

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(NT) he walks a line in the sand
Apr 25, 2005 10:27AM PDT
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That's just not correct, KP.
Apr 25, 2005 10:48PM PDT

If you take a reasonable examination of my posts you'll find that you'll agree that your statement is incorrect. The fact that Evie has never even attempted to support or defend her accusations and insults, as well as being a very fine indictment of her own character, is a pretty good indicator of how baseless they are, also.

Dan

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(NT) (NT) Stop with the insults LOL!
Apr 25, 2005 10:49PM PDT
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But, then he might be
Apr 25, 2005 11:24PM PDT

speechless. Wink

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Dan, I've engaged in long, drawn out discussions with you.
Apr 25, 2005 10:55PM PDT

I don't need to go check the record. I've lived some of that record, and I'm reporting what I found to be true in those discussions. This is not the first time I've told you this. Check the record.

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This may surprise you.
Apr 26, 2005 12:35AM PDT

Repetition does not increase the veracity of a statement. It was wrong the first time you said it and every time since then.

Dan

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Okay, we'll be over around 1 PM
Apr 24, 2005 11:43PM PDT

to demonstrate some support!

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(NT) (NT) better yet, 1 AM
Apr 24, 2005 11:44PM PDT
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Remember your saying this...
Apr 25, 2005 12:36AM PDT

next time you feel like braying about the military "torturing" or "abusing" prisoners.

They are simply soldiers engaging in their Constitutionally guaranteed "Free Speech".

Speeding tickets should not be enforced on adults with fast cars and no regard for others because they are simply engaging in their Constitutionally guaranteed "Free Speech".

Domestic violence should be totally hands off to the police because the participants are simply engaging in their Constitutionally guaranteed "Free Speech".

Sexual predation should be totally hands off to the police because, once again, the participants are simply engaging in their Constitutionally guaranteed "Free Speech".

Exhibitionism, murder, robbery, fully automatic weapons, car bombs, Abortion clinic bombings, prostitution, slavery, or anything else you or anyone else approves or disapproves of? Yep, you guessed it, ALL have as a common element--"Free Speech".

Guess you won't be finding much to talk about with "Free Speech" being the basis for so many obnoxious behaviors--but you will, after all there is "free speech".

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Re: Free speech
Apr 25, 2005 1:15AM PDT

Sometimes it's fun to go against everyone else just because you can (they call that playing the "Devil's Advocate,")

Oftentimes, it truly is just a game, isn't it?

Wink

.

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(NT) (NT) No comment on this post, Dan? ;)
Apr 26, 2005 12:35AM PDT
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(NT) (NT) Nope.
Apr 26, 2005 12:39AM PDT
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Didn't think so ;)
Apr 26, 2005 12:46AM PDT

Some of us here can figure out a game when we see one.

P.S. I won't tell on you Wink

.

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I don't view
Apr 26, 2005 2:50AM PDT

free speech as a game, but I always appreciate not being told on.

Dan

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RE: but this was in broad daylight!
Apr 26, 2005 3:36AM PDT

"shortly before midnight"?

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(NT) (NT) antartica:)
Apr 26, 2005 5:08AM PDT
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First Amendment
Apr 26, 2005 4:51AM PDT

Article the third [Amendment I]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Note: PEACEABLY TO ASSEMBLE

There are limits to Free Speech. That's why noise ordinances are not struck down. That's why cities can designate demonstration areas during conventions, etc. Your right to speech does NOT give you the right to disturb the peace or obstruct the flow of traffic, etc. That's why demonstrators may not block access to abortion clinics. Need I go on? There are tons of examples. A specific right to sleep at night is not needed; it's understood as part of basic human rights and needs.

Far more difficult to find in the Constitution a right to make loud noise when people are sleeping than to find a right to sleep in your own home.

The woman deserved the fine at the very least.