So i have a fairly loud car stereo and have had a few run ins with the police about it. I should mention i live in florida where in i believe 2012 there was a florida supreme court case (Florida v. [Richard] Catalano) where catalano was cited for music being to loud he challenged and won the case where the judge claimed the law was to broad and unconstitutional since playing the music at what ever volume is part of your right of free speech. so recently i had a cop pull behind me at a gas station and tell me he can issue me a citation for the music being to loud if i refused to keep it down. i told him that the state has determined it is my right to free speech that i can play the music as loud as i please. and he said well i can go and pull up the statute and cite you if you you would like to find out if its your right. So i told him id rather not have to deal with it but do what you need to. he didnt cite me but can he cite me ? if so would it be easily thrown out if i challenged it ?
First, why are you so intent on disturbing others? I highly doubt that you'd appreciate me blaring Pink Floyd while parked outside your house at 3 AM or while we are parked next to each other while in traffic.
Second, you've misconstrued the Court's opinion. All speech can be subject to reasonable time, place, and manner restrictions. Ward v. Rock Against Racism, 491 U.S. 781, 788–90 (1989). The issue in the Catalano case was the unfettered discretion given to law enforcement officers to determine what was "plainly audible from 25 feet away."
If the city ordinance has a specific decible level and the officer has a sound-measuring device, then the Catalano case is inapplicable. There are other ways around the Catalano too. Any such ordinance or statute, though, must be objective, not subjective.
Yes, you have a First Amendment right to be a jerk, but only with reason. The question, of course, is why do you want to act in such a fashion? Try being considerations of others before you get yourself into trouble. People have killed others over such things, and even if you beat the rap, you won't beat the ride if an officer arrests you for disorderly conduct instead of a mere traffic citation. I've seen that occur before, too.
Is it really worth it?
My answers are not legal advice, and I am not your attorney unless I agree to accept your case and you sign a contract. Avvo is only a general question forum, so you should seek a consultation about your specific legal needs. Please forgi want typographical errors. I'm often replying via via my cellular phone. .
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