Editorials

The Keynoter | EDITORIAL

Victory for free speech?

 

OPINION: One man’s ‘victory’ is another’s loss of hearing

HeraldEd@MiamiHerald.com

Stopped at a red light, the amplified sound emanating from the car next to you actually seems to rock the vehicle. For some motorists, that intrusive noise rises to the level of a public nuisance.

But Florida’s Supreme Court ruled last week that motorists can play their car stereos as loud as they want. They struck down parts of a state statute that barred drivers from blasting car radios at a volume “plainly audible” to someone 25 feet away.

A court majority called that overreach and struck down parts of the law, saying it “infringed on the freedom of expression.”

A Tampa lawyer who got a $73 ticket for violating the noise law brought the case. He was listening to Justin Timberlake on his way to work one morning when stopped and given the citation.

He took the case to court, challenging the law’s constitutionality, and it wound up going from circuit court to the 2nd District Court of Appeal, which also found the law overly broad.

Last week’s decision upholds the 2nd District opinion, although the Supreme Court justices didn’t cite the constitutionality argument. Instead, they focused on First Amendment rights that guarantee free speech.

Justice Jorge Labarga, writing for the majority, said he was skeptical of the state’s argument that striking down the law would put in peril an exemption for businesses and political speech. That’s a reference to the sound trucks deployed during political campaigns and often at sales events where loud music and screaming deejays are part of "protected" free speech, as well.

He wrote that the state’s argument "fails to explain how a commercial or political vehicle amplifying commercial or political messages audible a mile away is less dangerous or more tolerable than a noncommercial vehicle amplifying a religious message audible just over 25 feet away from the vehicle."

So our advice: If you find loud music annoying, you might ask Santa for the cash needed to get your car A/C fixed. That way, you can travel with windows closed and shutting out most of the ambient noise that surrounds you.

Either that, or you can try playing classical music real loud on your own car stereo and scare away teenage drivers in droves. Don’t laugh — that technique has been successfully used by shopping malls on the mainland to discourage large gatherings of teens late at night.

Might we recommend anything by Beethoven, Wagner and Tchaikovsky’s classic “1812 Overture” (you know, the one with the cannons for percussive emphasis).

© 2012, Florida Keys Keynoter

Read more Editorials stories from the Miami Herald

  • The Miami Herald | EDITORIAL

    DCF’s fatal flaws

    OUR OPINION: Child-welfare agency underplays chance of risk, and children suffer

  • The Miami Herald | EDITORIAL

    South Florida regaining lost ground

    OUR OPINION: Overall, the state’s budget moves in right direction

  • The Miami Herald | EDITORIAL

    Stopping Medicare fraud

    OUR OPINION: Tougher scrutiny by frontline administrators required

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category