US Supreme Court case asks if horn honking is free speech

The U.S. Supreme Court could consider horn honking as free speech protected by the First Amendment. This comes after a California woman, Susan Porter, received a ticket in 2017 for honking in support of a political rally. California law permits car horns only when “safe operation” is needed or for a “theft alarm system.”

In April, the 9th U.S. Circuit Court of Appeals rejected Porter’s claim that honking her car horn is protected free speech. Her request for a full-court hearing was also denied, leading her to file a petition with the U.S. Supreme Court. 

Oceanside woman ticketed at Issa protest asks Supreme Court to decide if horn-honking is protected speech https://t.co/E3FtstJxvx

— The San Diego Union-Tribune (@sdut) November 1, 2023

She argued the courts should prohibit the enforcement of Vehicle Code Section 27001 against what she calls “expressive honking,” which she says falls under First Amendment protections.

During the appeals trial, a witness for the state — California Highway Patrol Sgt. William Beck — testified that “when a vehicle horn is used improperly, it can create a dangerous situation by startling or distracting drivers,” and that the “horn’s usefulness as a warning device would be diminished” if officers were unable to cite drivers for improper use.

The American Civil Liberties Union (ACLU) of San Diego & Imperial Counties filed a federal lawsuit on Porter’s behalf, contending that California’s law restricting horn use except for warning of danger infringed on her First Amendment rights. Government defendants, Sheriff Kelly Martinez and California Highway Patrol Commissioner Sean Duryee, will have the chance to respond to the petition before the Supreme Court determines whether to take up the case.

In Montana, Washington and Oregon, car horns have sparked legal battles. Neighbors in Montana and Washington honked in disagreement but courts ruled against the plaintiffs. In Oregon, anti-Gulf War protesters won a case for using horns to express their opposition to the Iraq invasion. Illinois has laws restricting horn use, prohibiting loud, unnecessary honking.

The Supreme Court has affirmed that First Amendment protection extends beyond verbal expression. In a significant 1969 decision, a 7-2 majority held that students wearing black armbands to protest the Vietnam War were engaged in protected speech.