Washington, D.C. — The U.S. Supreme Court will soon decide whether honking a horn as a show of support is protected by the First Amendment of the Constitution.
The case in question first began in 2017, when a 69-year-old Susan Porter of Oceanside, California, honked to show solidarity with protesters outside of the office of her local congressmen and was immediately issued a ticket by a Sheriff’s deputy.
“He said, ‘illegal use of horn’ and gave me the ticket,” Porter originally told USA Today.
The California vehicle code states that the only two legal uses of a car horn are to give an audible warning to another driver and as part of an anti-theft device. However, violations of these laws are typically rarely enforced.
Porter’s case was dismissed in California’s traffic court when the deputy issuing the ticket failed to appear. However, Porter decided to file a civil suit, arguing that the use of a car horn should be protected free speech under the First Amendment.
Both a California District Court and U.S. Court of Appeals for the Ninth Circuit ruled against Porter in the State of California’s favour and so, Porter then appealed to the U.S. Supreme Court.
In Montana and Washington in 1998 and 2001 respectively, state Supreme Courts decided against the honker in two similar cases where horns were used to show objection to neighbours during disagreements.
The California case, Porter v. Martinez will be part of the docket during the Supreme Court’s session starting November 27.
