Judge: Horn-honking is not protected speech

Posted at 11:56 AM on September 12, 2011 by Bob Collins (10 Comments)
Filed under: Crime and Justice

This just in from Wisconsin: You have no constitutional right to honk your horn.

As with everything in Wisconsin that doesn't stem from the Packers, this stems from Gov. Scott Walker's move last spring to limit the collective bargaining rights of some public employees, the Milwaukee Journal Sentinel reports.

Azael Brodhead, a 35-year old Iraq war veteran who works for the Department of Corrections, regularly drove by the governor's house, honked his horn, stuck his middle finger up (in Packerland, that means "we're number one." Outside of the governor's house, it means something different), and shouted "recall Walker."

State troopers assigned to the governor eventually gave him a ticket and last week he lost his court case, where he argued a First Amendment right.

A judge said she could find no precedent declaring horn honking to be protected speech (Note to judge: I don't think that necessarily precludes you from making one).

Now, the the paper reports, his state employers are trying to determine if he should be disciplined.

But supervisors in his office have initiated an internal investigation to see if he violated workplace rules with his actions. In particular, Brodhead said, they are trying to determine whether he should be disciplined for being abusive toward state troopers when he was pulled over. He has contacted his public employees union to represent him in the matter.

"I'm sure this was politically motivated," Brodhead said.

In fact, the police summary of the incident does accuse Brodhead of using repeated profanities, such as saying the troopers protected the "piece of (expletive) governor" or saying "your boss is a (expletive) (expletive)." The trooper also quoted Brodhead as directing strong language at the police, calling them "(expletive) cops" and more.

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Comments (10)

Kudos to Brodhead. While his rights to honk as free speech were iffy (and decided to be non-existent by the (expletive) judge), he probably could have used a bit more discretion when speaking with the (expletive) cops.

Posted by Jim Shapiro | September 12, 2011 12:09 PM

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If you don't want people honking their horn and waving, you probably should find a line of work other than being an antagonistic governor.

Posted by matt | September 12, 2011 1:13 PM

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If you don't want your employer controlling your entire life, including what you do when you are not at work you should probably find an employer that isn't in the business of controlling peoples lives - at work, away from work, in their bedroom or behind the wheel of their car.

Posted by matt | September 12, 2011 1:25 PM

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Matt - Nice. On both counts.

Posted by Jim Shapiro | September 12, 2011 3:08 PM

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I would just like to know Azael Brodhead's address. Would he enjoy such nastiness while playing outside w/his puppy dogs on a nice Sunday afternoon? My guess is he would be OUTRAGED! Bet he couldn't take it - people with hate in their hearts need to grow up and realize that evil will not rule this world. Sorry all you haters like Azael but you are UGLY w/your actions.

Posted by Lady Leslie | September 13, 2011 1:08 AM

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In some States they have statutes to the effect of Provoking Commission Breach of Peach and Provoking an Assault which read in part: Every person who shall by word sign or gesture provoke another to a breach of Peace or an Assault is guilty of a Misdemeanor. I haven't looked at Wis. criminal statutes yet. But the Judge would do well to read LEWIS V NEW ORLEANS for further guidance on whether swearing or using vulgarity is a protected form of speech. At first blush, I would say He has a right to honk his horn in exercise of his free speech rights. I will post the link for the Lewis case here. Here it is: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=415&invol=130 Although this case may not be on all Fours with the above-mentioned case it is highly instructive. I hope He does not lose his job.

Posted by Lawinfo | September 13, 2011 11:44 AM

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Typical Minnesota. Public radio spins the story to portray a certified kook as a hero. Smug responses from liberal readers. I moved from Minnesota to Wisconsin 30 years ago and never looked back. There's lots "the home of the Loon" can learn from Wisconsin. Unfortunately, your politics are like your sports (you put a roof on your football stadium, but don't put one on your baseball stadium?) and the results are about the same (i.e., how are those Twins, Vikings, Gophers, state government doing?). Uffda!

Posted by Stibby | September 13, 2011 11:57 AM

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Here is the only statute I find in Wisconsin with relation to provoking an assault: http://docs.legis.wi.gov/statutes/statutes/322/X/117
That is inapposite because it relates to an offense by a member of the Military. However, section 947.01(1) may apply if the statute is not overbroad. Here is that statute: https://docs.legis.wisconsin.gov/statutes/statutes/947
After a cursory examination of the Wisconsin Penal Code, I would conclude he was within his right to honk his horn provided it did not amount to an act of harrassment or constituted a Public Nuisance. That is just for starters. The Nuisance Ordinance for that city of Madison would have to encompass the alleged criminal activity or violation here. For that We look to the Ordinances of Madison for any further discussion of this issue.

Posted by lawinfo | September 13, 2011 12:14 PM

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Typical Wisconsin. All thoughts have to connect to the Packers in some fashion. (g)

Posted by Bob Collins | September 13, 2011 12:15 PM

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Are Lady Leslie and Stibby blood relatives?

Posted by Jim Shapiro | September 13, 2011 5:51 PM

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