Fed up with the warning signals and being outnumbered on the highways by drivers looking out for

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Fed up with the warning signals and being outnumbered on the highways by drivers looking out for one another, police officers and state troopers began issuing tickets to those who send signals and warnings to drivers so that they can slow down and avoid being caught going above the speed limit.

On November 17, 2012, a police officer pulled Michael Elli over and issued a citation for “[f]lashing lights on certain vehicles prohibited, warning of RADAR ahead.” Mr. Elli told the judge that he wanted to plead not guilty because he did not believe flashing headlamps violated §375.100 of the Ellisville city code. The judge became agitated and asked Mr. Elli if he had ever heard of “obstruction of justice.”

Mr. Elli then entered a plea of not guilty, and he was ordered to return to court on February 21, 2013. However, Mr. Elli, with the help of the ACLU, filed a civil rights action in federal court. Have Mr. Elli’s rights been violated? Is flashing your headlights a form of speech? What do you think the court decided? [Elli v City of Ellisville, 997 F. Supp. 2d 980 (E.D. Mo. 2014)]

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