Headlight-flashing faces test as free speech in Florida By Ryan Bockmier

In December of 2009, a Florida resident named Erich Campbell was on the freeway near the Tampa International Airport. He saw two Florida state troopers and flashed his headlights to warn other drivers of the radar patrol. He was very surprised when he was pulled over and given a ticket for improper flashing of headlights. "Literally within one minute, they had me stopped on the side of the road," recalled Campbell, 38. This past August, Land O'Lakes, Florida, resident filed a class action lawsuit against highway patrol and state troopers. He wanted an injunction banning any law enforcement from using any headlight flashing tickets and refunds for damages to motorists caused by the tickets. Campbell's lawyer, J. Marc Jones, claims his client's First Amendment right to free speech was violated. "The flashing of lights to communicate with another driver is clearly speech," he said. "The First Amendment protects all sorts of non-verbal conduct; it protects more than the spoken or printed word," Hudson said. "Courts have found that a wide variety of actions — such as honking one's horn or flashing one's headlights are forms of communication under the First Amendment." Corrected by: Adriana Lugo