Judge Rules That Man Flashing Headlights To Warn Other Drivers Of Seminole County Florida Speed Trap Is Protected Speech Under 1st Amendment

SANFORD, FLORIDA – A judge in Sanford ruled Tuesday that a Lake Mary man was lawfully exercising his First Amendment rights when he flashed his headlights to warn neighbors that a deputy had set up a speed trap nearby.

That decision is another victory for Ryan Kintner, 25, who sued the Seminole County Sheriff’s Office last year, accusing it of misconstruing a state law and violating his civil rights, principally his right to free speech.

He was ticketed Aug. 10 by a Seminole County deputy, but Kintner alleges the officer misapplied a state law designed to ban motorists from flashing after-market emergency lights.

Circuit Judge Alan Dickey earlier ruled that that state law does not apply to people who did what Kintner did, use his headlights to communicate.

On Tuesday the judge went a step further, saying people who flash their headlights to communicate are engaging in behavior protected by the U.S. Constitution.

“He felt the police specificially went out of their way to silence Mr. Kintner and that it was clearly a violation of his First Amendment free speech rights,” said his attorney, J. Marcus Jones of Oviedo.

Jones has filed a similar but much broader suit in Tallahassee against the Florida Highway Patrol.

A hearing in that case is scheduled next month.

“This stuff is fun,” Jones said after Tuesday’s hearing.

Each suit asked that police agencies be ordered to halt writing those tickets. The highway patrol stopped voluntarily, awaiting the outcome of the suit. So have theSeminole County Sheriff’s Office and other agencies.

In addition to Kintner’s civil suit against the sheriff’s office, he also is fighting the ticket. It is still pending in county court in Sanford.

The officer also ticketed him for running a stop sign, saying Kintner had pulled beyond a stop bar before coming to a complete halt.

In an interview in August, shortly after filing suit, Kintner said, “I felt an injustice was being done. … I have nothing against officers … keeping speeding down, but when you cross a line and get into free speech, I feel it’s gone too far.”

According to his suit, Kintner was home Aug. 10 when he saw a deputy park along a street and pull out his radar gun. Kintner then got in his car, drove a couple of blocks away, parked and pointed his vehicle at oncoming traffic and began flashing his lights.

He was ticketed a short time later.

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Nutcase Middleborough Massachusetts Police Chief Bruce Gates Has Never Heard Of 1st Amendment, Wants To Issue $20 Tickets To Anyone Who Swears Downtown

MIDDLEBOROUGH (CBS) – Public swearing is so bad in Middleborough that they’re considering a plan to start enforcing a longstanding but rarely-used law.

Folks in town have had enough of kids and some adults who think it’s OK to drop high-volume obscenities in their otherwise bucolic downtown.

“It’s intimidating to my customers,” says business owner Paulette Lilla, “to the people who are out here downtown, and I think it’s a good thing that they’re doing something to try to curb it.”

Former Middleborough Selectwoman Mimi Duphily says, “I don’t think it will solve the problem but it will make them understand what is acceptable behavior and what is not.”

The town’s police chief has proposed to give $20 tickets to vulgar loudmouths as a deterrent to downtown air pollution.

“We have a lot more important things to do,” says Chief Bruce Gates, “but these are things that are quality of life issues, community policing issues that a lot of people don’t want to see downtown.”

The chief will make his case for a more easily enforceable system of fines for public cursing before Town Meeting in June.

If you think a $20 ticket for swearing seems stiff, consider the fine some townspeople told me they’d prefer to see levied: $100 per curse.

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Dumbass Osceola County Iowa Sheriff Douglas L. Weber Ordered By Federal Judge To Issue Gun Permit, Complete College Level Course In U.S. Constitutuion And Out First Amendment Right To Free Speech

PRIMGHAR, IOWA — U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment.

Bennett’s written decision on Wednesday involves the case of Paul Dorr, of Ocheyedan, who was denied a permit to carry a concealed weapon.

Dorr and his son, Alexander, were denied gun permits after being engaged in extensive First Amendment activity — protesting, passing out leaflets and writing letters to the editor — the opinion notes.

“The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber’s own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr,” Bennett wrote in his ruling.

Dorr said Wednesday that he was pleased “justice is served. I get my permit back and the sheriff is being sent back to school. The harm done by Sheriff Weber against the 6th and 9th commandments has been made right.”

The elder Dorr had been issued a concealed weapons permit from the late 1990s to 2005. But his July 7, 2007, application for a permit was denied. His son’s was denied a year later, when he was 18 years old.

Weber’s reason for disapproving the application was, “concern from public. Don’t trust him.” The following year Weber also denied Alexander Dorr’s application for a permit and informed Paul Dorr that he would deny any further applications from him.

Weber testified that he had heard people refer to Paul as “a whacko, delusional, a nut job, a spook, and narcissist,” Bennett’s decision noted. “Regardless of the adjective used to describe Paul, however, Sheriff Weber stated that Paul’s ‘lousy’ reputation was due to his political activities of writing letters to the editor and distributing fliers.”

The ruling continued, “Giving Sheriff Weber more deference than is due his elected status, the court finds that Sheriff Weber denied Paul’s application for a concealed weapons permit not because of the content of his First Amendment activity but because it was effective and agitated many members of the local community.”

And, Bennett said, “In denying Paul a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections. Ironically, Sheriff Weber, sworn to uphold the Constitution, in fact retaliated against a citizen of his county who used this important freedom of speech and association precisely in the manner envisioned by the founding members of our nation …

“In doing so, this popularly elected Sheriff, who appears to be a fine man and an excellent law enforcement officer, in all other regards, blatantly caved in to public pressure and opinion and, in doing so, severely trampled the Constitution and Paul’s First Amendment rights to freedom of speech and association. This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views.”

However, Bennett’s decision did not favor Dorr’s son, who was 18 years old when he applied for the carry permit, and is 20 now. Bennett noted that sheriffs have the discretion to withhold permits from anyone under majority age.

Bennett required Weber take a class that must be a college-level course on the United States Constitution, “including — at least in part — a discussion of the First Amendment.” And Bennet said, Weber must obtain approval from the court before participating in the class. Upon completion of the class, Weber must also file anan affidavit with the clerk of court showing successful completion with a passing grade.

A request left with the dispatcher at the Osceola County law enforcement center, requesting a return call for comment from Sheriff Weber, was not returned, Wednesday night.

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