Jump to content



Photo

It's OK to crank up the music

florida supreme court first amendment ears of the beholder

  • Please log in to reply
13 replies to this topic

#1 Hum

Hum

    totally wAcKed

  • 63,025 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 17 December 2012 - 15:32

(Reuters) - Motorist Richard Catalano's five-year quest to crank up Justin Timberlake tunes on his way to work won the blessing of the Florida Supreme Court on Thursday.

In a unanimous ruling, the state's highest court affirmed a pair of lower-court opinions that a 2007 state law prohibiting loud music while driving violated the U.S. Constitution's First Amendment, which guarantees freedom of expression.

Catalano received a $73 ticket in 2007 for violating the newly enacted law that prohibited motorists from playing music that is "plainly audible" 25 feet away. Motorists traveling by hospitals, schools and churches were subjected to even stricter standards.

Catalano, a Clearwater lawyer, challenged the law as subjective, arguing that determining whether music was too loud was in the ears of the beholder.

Further, the law provides listeners with fewer protections than drivers of vehicles emitting political or commercial speech, who have more explicit protections under the U.S. Constitution.

Calling the law overly broad, Justice Jorge Labarga wrote that noncommercial speech was also protected. Though rejecting the notion that the law was too vague, Labarga said the state showed no compelling interest in muzzling audiophiles who also prefer to feel their favorite music.

"The right to play music, including amplified music, in public fora is protected under the First Amendment," Labarga wrote.

source


#2 Detection

Detection

    Detecting stuff...

  • 8,369 posts
  • Joined: 30-October 10
  • Location: UK
  • OS: 7 SP1 x64

Posted 17 December 2012 - 15:37

When I was in my younger years, first place of my own, I had a visit from the police complaining about my music, I asked who had complained as it was the middle of the day, they said

'No-one, we could hear it as we drove past your house with the windows up'

#3 BGM

BGM

    Wibble Wobble™

  • 6,007 posts
  • Joined: 30-March 03
  • Location: Farnborough, UK

Posted 17 December 2012 - 15:41

When I was in my younger years, first place of my own, I had a visit from the police complaining about my music, I asked who had complained as it was the middle of the day, they said

'No-one, we could hear it as we drove past your house with the windows up'


haha, amazing! :D

#4 OP Hum

Hum

    totally wAcKed

  • 63,025 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 17 December 2012 - 15:42

I can just see all the road rage and shootings that will result from this. :laugh:

#5 Xilo

Xilo

    Neowinian Senior

  • 5,327 posts
  • Joined: 28-May 04
  • Location: Austin, TX

Posted 17 December 2012 - 19:37

****ing hate *******s that have to crank up their music for everyone else to hear.

#6 Farstrider

Farstrider

    The Clash

  • 6,311 posts
  • Joined: 16-March 03
  • Location: Somerset West, Cape Town, SA
  • OS: Arch Linux

Posted 17 December 2012 - 20:08

Motorists traveling by hospitals, schools and churches were subjected to even stricter standards.


This ****es me off even more!

Before I moved to where I am living now I stayed pretty close to a big church (Ned Geref Kerk, this church is huge in our country, mainly frequented by the Afrikaans speaking people of our country) and every Sunday morning this bloody church would set off their electronic bells at 7.00am (first call), then 7.30am (second call) then the last time at 8.00am! Let me tell you it was loud enough to wake you up which it duly did every blasted Sunday! The point that I'm driving at is, why should people who DO NOT go too church (or that particular church) have to be disturbed at that time on a Sunday morning? I could guarantee my salary that once this church had started a service and I pulled up outside in my car and blasted my music at any decent volume the police would be there in one second flat! Hospitals and schools (to a lesser degree) I can understand.

#7 Growled

Growled

    Neowinian Senior

  • 41,508 posts
  • Joined: 17-December 08
  • Location: USA

Posted 17 December 2012 - 23:00

When I was in my younger years, first place of my own, I had a visit from the police complaining about my music, I asked who had complained as it was the middle of the day, they said

'No-one, we could hear it as we drove past your house with the windows up'


That was loud. Are you wearing hearing aids today? :D

#8 Detection

Detection

    Detecting stuff...

  • 8,369 posts
  • Joined: 30-October 10
  • Location: UK
  • OS: 7 SP1 x64

Posted 18 December 2012 - 14:37

That was loud. Are you wearing hearing aids today? :D


Sorry? What was that? :p


EDIT - Actually I do have tinnitus....

#9 Original Poster

Original Poster

    Systems Developer

  • 3,014 posts
  • Joined: 15-July 08
  • Location: my room
  • OS: windows 7/8, Kali, ubuntu, OSx 10.9
  • Phone: Android

Posted 18 December 2012 - 17:30

When I was in my younger years, first place of my own, I had a visit from the police complaining about my music, I asked who had complained as it was the middle of the day, they said

'No-one, we could hear it as we drove past your house with the windows up'


you are legally allowed to be as loud as you wish between the hours of 6 and 6 ... (am to pm ) though i keep getting asked by my on site security to turn down the music cause of other residence complaining sadly i have to comply because they can evict me for farting to loud ...

but when driving .... thats my time... my wing mirrors shake from the base :D

#10 BGM

BGM

    Wibble Wobble™

  • 6,007 posts
  • Joined: 30-March 03
  • Location: Farnborough, UK

Posted 18 December 2012 - 17:33

you are legally allowed to be as loud as you wish between the hours of 6 and 6 ... (am to pm ) though i keep getting asked by my on site security to turn down the music cause of other residence complaining sadly i have to comply because they can evict me for farting to loud ...

but when driving .... thats my time... my wing mirrors shake from the base :D


lol, you have to reasonable dude even if they couldn't evict you. don't be a dick about it :)

#11 Detection

Detection

    Detecting stuff...

  • 8,369 posts
  • Joined: 30-October 10
  • Location: UK
  • OS: 7 SP1 x64

Posted 18 December 2012 - 17:35

you are legally allowed to be as loud as you wish between the hours of 6 and 6 ... (am to pm ) though i keep getting asked by my on site security to turn down the music cause of other residence complaining sadly i have to comply because they can evict me for farting to loud ...

but when driving .... thats my time... my wing mirrors shake from the base :D


AM to PM? :o

That's where I've been going wrong then....I thought PM to AM... :p Joking


I think the music was a bit of an excuse, I can remember them poking around in my ashtrays while they were there too

Yea I had a silly number of speakers hooked to an amp, speakers were in 2 or 3 rooms and looking back probably threw out 100dB of treble and 5w of bass lol

#12 f0rk_b0mb

f0rk_b0mb

    Neowinian Senior

  • 2,500 posts
  • Joined: 02-June 12

Posted 18 December 2012 - 17:45

Personally, I'm fine with loud music as long it's good loud music and it's during the day. I hate it when some d-bag drives by at 12 in the morning with bass turned up on his cheap ass speakers, listening to some rap song that's older than the hills.

#13 Original Poster

Original Poster

    Systems Developer

  • 3,014 posts
  • Joined: 15-July 08
  • Location: my room
  • OS: windows 7/8, Kali, ubuntu, OSx 10.9
  • Phone: Android

Posted 18 December 2012 - 17:48

AM to PM? :o

That's where I've been going wrong then....I thought PM to AM... :p Joking


I think the music was a bit of an excuse, I can remember them poking around in my ashtrays while they were there too

Yea I had a silly number of speakers hooked to an amp, speakers were in 2 or 3 rooms and looking back probably threw out 100dB of treble and 5w of bass lol


who would put a joint out in an ash tray that just bad practice xD

#14 Detection

Detection

    Detecting stuff...

  • 8,369 posts
  • Joined: 30-October 10
  • Location: UK
  • OS: 7 SP1 x64

Posted 18 December 2012 - 17:51

who would put a joint out in an ash tray that just bad practice xD


:laugh: There was no joint, just rollys and dog ends