RI bill would ban ‘aggressive honking’ by drivers. Would that violate free speech? – The Providence Journal

Think twice before you toot. House lawmakers are weighing whether to ban aggressive horn-honking.

The omnibus bike and traffic safety bill, sponsored by RepresentativesRebecca Kislak, Michelle McGaw, Liana Cassar, Brandon Potter and Teresa Tanzi, was presented to the Judiciary Committee on Tuesday night.

If enacted, it would institute a host of initiatives, such as:

Allowing cities and towns to reduce speed limits on state roads in densely populated areas

Establishing a training program to rehabilitate reckless drivers

Requiring the development of a school curriculum on traffic laws and bike safety

Outlawing horn-honking deemed unnecessary.

Anything other than honking to warn wouldnt be allowed. According to the bill, that means no honking to make an unreasonably loud or harsh sound and no honking at bicyclists unless a crash is imminent.

But the proposal is facing criticism from the American Civil Liberties Union of Rhode Islandfor what it says could be a violation of First Amendment rights.

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In a letter urging the deletion of that section of the bill, the ACLU cited a 2011 case in Washington state that struck down a similar law. The organization contended that such a broadly worded ban implicates free speech rights when drivers honk their horns to convey messages unrelated to public safety including political messages.

In that case, the states Supreme Court said examples of free speech via horn might include: a driver of a carpool vehicle who toots a horn to let a coworker know it is time to go, a driver who responds to a sign that says Honk if you support our troops, wedding guests who celebrate nuptials by sounding their horns, and a motorist who honks in support of someone picketing on a street corner.

The ACLU, in its letter, also raised concerns over whether such a law in Rhode Island could be arbitrarily applied, as determining whether a honk is necessary creates an extremely vague standard.

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Kislak called the free-speech concerns valid, and said she flagged them to the Rhode Island Bicycle Coalition, which helped to draft the bill three years ago. However, Kislak so far has kept the honking rule in the legislation.

I have been on the receiving end of dangerous honking while riding my bike in another state, and so I know that aggressive honking can cause incredibly hazardous conditions for bicycles, she said. So I was happy to keep that in so that we have a conversation, but I do want to flag that there are also First Amendment concerns, so an important conversation to be had there.

The bill has been held for further study.

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RI bill would ban 'aggressive honking' by drivers. Would that violate free speech? - The Providence Journal