Legislation, Presidential & Congressional Politics/SUPERIOR COURTS

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Question
RECENTLY FL SUPREME CT RULED THAT CITING A VEHICLE 4 EXCESSIVE NOISE IS UNCONSTITUTIONAL...I BELIEVE 'THEY'STATED THAT A MAN'S CAR WAS HIS PROPERTY[CASTLE] & PROTECTED UNDER 1ST & PERHAPS OTHER AMENDMENTS....THIS WILL BE APPEALED 2 A HIGHER COURT WON'T IT?????....I'M 4 INDV RIGHTS BUT WOULD NOT EXCESSIVE NOISE ALSO DENY OTHER'S RIGHTS?...YOUR THOUGHTS & PERHAPS A FEW CASE PRECEDENTS....THANKS

Answer
Hi Tom,

I think the recent decision to which you refer found unconstitutional a statute that banned playing radio music a too loud a level.

The Florida Supreme Court was affirming an appeal of a lower court Decision.  It is the highest court in the State.  If the decision is based on the State Constitution's free speech guarantees, that cannot be appealed to any other court.  If the decision is based on the Federal Constitution's First Amendment, that interpretation could be appealed to the US Supreme Court.

In any event, it was not the Court's reasoning that all noise ordinances violate free speech.  The Court held that a law that banned loud music, but exempted commercial or political broadcasts from vehicles, was unconstitutional content discrimination.  That is a common line of argument in many other earlier cases.  Government may ban all noise, but it many not ban only certain types based on the content of the speech.  

In short, if the State wishes to fix the Statute, it need only rewrite the law to ban all loud noise from vehicles, not just certain kinds.

I hope this helps!
- Mike  

Legislation, Presidential & Congressional Politics

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Michael Troy

Expertise

I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I enjoy Presidential and Congressional historical trivia, but can answer more substantive questions too.

Experience

Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission.    I have a B.A. in Political Science.

Organizations
Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).

Publications
Washington Post
Washington Times

Education/Credentials
J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).

Awards and Honors
LBJ Fellow
Truman Scholar

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