The Inalienable Right to a Loud Car Stereo?
Does the First Amendment protect your right to a loud car stereo? NBC Miami reports that the Florida Supreme Court will be considering the question this winter:
The court announced Monday that it will hear arguments in State vs. Catalano in February, a case that began when police in St. Petersburg ticketed a corporate lawyer for exceeding the noise limit by blasting a little Justin Timberlake at 7:34 a.m. on his way to work….
At issue is the vague wording of Florida statute 316.3045, which states that vehicle stereo sound cannot be "plainly audible" from a distance of 25 feet or more.
Catalano has argued in his motions that "plainly audible" is "overly broad and vague, rendering it an unconstitutional restriction against the right of free speech," protected by both the U.S. and Florida constitutions, according to the [St. Petersburg] Times.
(H/T: How Appealing)
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Meanwhile, somewhere, a freak is beating a child with a motorcycle chain.
As a kid, when I would spend the nights with my grandparents, I would always be woken up by some dick blasting his car stereo, driving by on the street. It was quite irritating, and frankly my libertarian morality reaches a limit when I'm trying to get a good night's sleep.
This is why I'm working on a parabolically focussed EMP-like discharge that fries circuits at the focal point.
It's called a "HERF gun."
http://en.wikipedia.org/wiki/E.....tic_weapon
I would like to own one of those focused sound speakers with a 120+ dB capacity. I would point it at the douchebags who park in front of my place with pounding bandpass sub-woofers and let loose. Maybe with a recording of a political speech.
Where does speech end and nuisance begin? For instance, if I sent messages with my smokestack, I don't suppose I'd get absolute protection to pollute my neighbors, just because my method of pollution contains content.
Ditto on the decibels. What if I had a device so loud that it destroyed glass for miles?
So, you're saying there IS a limit to your precious, precious liberty?!
I should bite my figurative tongue here for even thinking of replying to such a pathetic troll, but here goes...
Hey idiot: with great liberty comes great responsibility. There is very well-known (to us responsible people, anyhow) old saying that your liberty to swing your fist ends at my nose. The general principle is that you have the liberty to the use and enjoyment of your property and to engage in activities of your choosing, to the extent that your exercise of that liberty does not begin to impose upon the liberty of another.
The question then is the point at which the noise from a passing car become so loud, excessive, intrusive, whatever, that it constitutes an imposition on the liberty of another. Obviously, we all have to put up with a certain amount of noise pollution. But there is a point at which it become more than mere background noise pollution and begins to constitute a nuisance, against which the affected neighbors have a legitimate right to complain.
The City of Richmond, VA has had similar problems with its noise ordinance in recent years. I'm not sure if they've fixed it yet, but as I recall, they were working on developing a new one to replace the old unconstitutionally vague one.
Surely the sort of speech originally envisioned as most protected (speaking to an assembled crowd on political matters) is the sort that would be most severely impacted by decibel restrictions? And imagine -- making restrictions on megaphone usage in public protests unconstitutional would eliminate that stupid, creepy human microphone crap.
If there is a restriction, it should probably be based an objective measure (decibel level alone), determined by risk of damage to hearing and possibly property, rather than something arbitrary and easily abused like "nuisance".
Yes, I wasn't really going down the any-nuisance-trumps-speech route.
Does the First Amendment protect your right to a loud car stereo?
No. Next question.
NO?? How about "hell, mother-fucking no."?
Nor to cursing. Nor shouting.
The First fucking Amendment certainly does fucking protect my fucking right to curse.
Mercy!
Ok, everyone, if we're super quiet maybe we won't wake the "legislate loud commercials" thread.
"Ok, everyone, if we're super quiet maybe we won't wake the "legislate loud commercials" thread."
If you are watching a program and the commercial is louder than the program content, then you can mute it or change the channel or just fast forward on the DVR you probably recorded it on anyway.
However, if I have to listen to your Ima Gangsta Yo "music" in my house or in my car or in my office, then it is no longer about your individual choice to listen to what. You are now stepping on my rights, and I fully, completely, hell - frickin' orgasmically support ticketing, confiscation of your stereo on the spot, and if its a habitual thing, arrest of the half-wit parasite making the racket. As long as I don't have to listen to it, I don't care what people listen to. But keep your business your business.
You don't have to listen to it. You could wear headphones thus protecting yourself from the onslaught of offensive vibrations.
Headphones don't insulate my rattling sternum.
I mean as conscripted audience; if you are disturbed by the sound of my rattling sternum, I'm obliged to muffle it.
Enjoy!
By this theory, somebody owes me money because all my digital music has different volume levels and they're forcing me to adjust my volume constantly.
Good! Next, bikes without mufflers.
Speech is one thing, noise coming into my home is another.
Will never happen, too many cops/lawyers own v-twin bikes.
A sport bike of Japanese or Euro manufacture may get hassled but these usually have some minimum muffling left.
Ah yes, laws "for thee, but not for me".
And I'm sure there was no noise created when your house was built...
I mean, seriously, what the fuck do we have to do to get some better fucking trolls around here?
"my home"
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAA!
I think the problem is that the statute is vague.
It should provide a set decibel level.
Otherwise, the law varies the definition of criminal conduct by environmental conditions and other circumstances in a way that's not fair to the defendant.
If it's 4:45 in the morning on a clear and still Vermont summer day, and I'm at the gas station pumping some gas, if some grandma pulls in a couple of pumps away (i.e. 25 feet) and opens her door to get out while leaving the car on, I'm going to be able to hear her easy listening station even if the volume is set really, really low. It will be "plainly audible". But it would be silly to expect her to think that she's creating a nuisance or violating a noise statute.
I agree-the real issue here is vagueness.
An alternative standard is at what point are you willing to shoot the speakers out, regardless of the legal consequences?
I guess the only other tiny issue I'd have with it is that I have a problem with noise statutes that don't involve a private property line.
For example, if this law said, "You can't make X noise within 25 feet of a private residence" that would be one thing. A 25 foot rule that allows other people on public ways or other public property to impose silence on everyone else seems to unjustly privilege some public uses over others.
If I'm at a public beach with friends talking and laughing and playing a radio, you will probably hear us 25 feet away. But AFAIAC that's just too damn bad. If you don't want to be around the public, don't enter public places. I don't think that entitled seniors or other assorted flakes should get to turn public spaces into their own private living rooms. If you want to meditate, go home.
What about police sirens at 2AM?
Laws are for little people and the help.
When I grow up, I want to be above the law too...
I'm with fluffy, though decibel level is relative. If you're playing music at 80dB (at my vantage) when the background is 40 and I'm trying to sleep, it becomes disturbing vs. if I'm watching TV, vaccuuming or something else that muffles the noise.
Unfortunately there is no concrete way to differentiate jackass from non-jackass.
Unfortunately there is no concrete way to differentiate jackass from non-jackass.
Generally speaking, non-jackasses will respond positively to warning shots.
By "respond positively", do you mean "return fire"?
This. The law should state 'so many DB at so many feet away' etc.
I think that is a good point, from one of the sub links.
Florida statute 316.3045 says that:
It is unlawful for any person operating ? a motor vehicle on a street or highway to operate or amplify the sound produced by a radio ? from within the motor vehicle so that the sound is ? plainly audible at a distance of 25 feet or more.
I am completely baffled by the inclusion of highways in this restriction. I can not remember ever hearing someones stereo while driving down the highway at 65. However if someone is blasting their stereo, it would become a ticketable offense, if they get pulled over and the officer can hear their radio once they step out of the car.
It is one thing to argue that others do not have the right to disturb you in your house with their music, however it is another to use that excuse to make it illegal to listen to loud music while driving down the highway, where no one is going to hear it anyway.
Fortunately he was only ticketed.
http://www.chicagotribune.com/.....461.column
Even a state employee is subject to 'driving while black', more so if blasting rap.
OTOH, a Harley or clone in violation of same might have even gotten a thumbs up.
"a corporate lawyer for exceeding the noise limit by blasting a little Justin Timberlake at 7:34 a.m. on his way to work"
He's a corporate lawyer???
Wierd.
Anyway, I'm not gonna say that blasting annoying music is completely and plainly suitable for capital punishment, but I don't think we should rush to dismiss it...
Along those lines, I first read the h/t on the posting as "How Appalling" instead of "How Appealing"
Question needs to be reframed
His right to play at a comfortably loud level--where "loud" is defined below--does not impinge upon the rights of others around him to easily avoid the noise.
C'mon, WTF: plainly audible at 25 feet
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
[Hook]
Bounce that ass hoe
Bounce, bounce, bounce that ass hoe
Bounce, bounce, bounce that ass hoe
Bounce, bounce, bounce that ass hoe
Now that drop that shit
Drop, drop, drop that shit
Drop, drop, drop that shit
Drop, drop, drop that shit
Drop that shit
[Verse 1]
Get yo ass to the floor and shake ya rump
[Repeat 3x's]
Shake, shake, shake, shake
[Repeat 3x's]
Bounce yo ass to the beat while you touch yo feet
[Repeat 3x's]
Pop that thang and roll with it
[Repeat 3x's]
[Hook]
[Chyna Whyte]
I'ma shake-shake it like I wanna
Bounce-bounce it on the floor make you see I wanna
Walk-walk it like a dog right there on the corner
Make you say "Who that girl with that Thug Life tatted on her"
See people want it ha that's how we do
Screamin' "Ahh-yah-ya-yah" me and my crew
Live in a zoo
That why I got a strap too
Twurk that ass if I want blow a bag boo
And act a donkey, act a monkey
Get a fifth of gin to see this chick get funky like a junkie
Show what this raw darlin'
[| From: http://www.elyrics.net/read/l/.....yrics.html |]
6 years of hustlin', see where it brought me
This ghetto monkey, I'm livin' lawless
Livin' life is the hardest
Tryin' to live marvelous in a world full of garbage
I'ma talk it
If you don't want it, don't start it
Cause I'ma put it down the way you want it
Nigga
[Hook]
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
[Lil' Jon]
Pop that pussy hoe
[Repeat 3x's]
Grab that pussy hoe
[Repeat 3x's]
Butterfly hoe and let that pussy breathe
[Repeat 3x's]
Pop, pop, pop that thang girl
[Repeat 3x's]
Shake, shake, shake that ass girl
[Repeat 3x's]
[Hook]
B-B-Bounce that ass hoe (Shake, shake, shakin' that ass)
B-B-Bounce that ass hoe (Shake, shake, shakin' that ass)
B-B-Bounce that ass hoe (Shake, shake, shakin' that ass)
B-B-Bounce that ass
B-B-Bounce that ass
[REPEAT]
B-B-Bounce that ass hoe
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
[Hook]
Bounce that ass hoe
Bounce, bounce, bounce that ass hoe
Bounce, bounce, bounce that ass hoe
Bounce, bounce, bounce that ass hoe
Now that drop that shit
Drop, drop, drop that shit
Drop, drop, drop that shit
Drop, drop, drop that shit
Drop that shit
[Verse 1]
Get yo ass to the floor and shake ya rump
[Repeat 3x's]
Shake, shake, shake, shake
[Repeat 3x's]
Bounce yo ass to the beat while you touch yo feet
[Repeat 3x's]
Pop that thang and roll with it
[Repeat 3x's]
[Hook]
[Chyna Whyte]
I'ma shake-shake it like I wanna
Bounce-bounce it on the floor make you see I wanna
Walk-walk it like a dog right there on the corner
Make you say "Who that girl with that Thug Life tatted on her"
See people want it ha that's how we do
Screamin' "Ahh-yah-ya-yah" me and my crew
Live in a zoo
That why I got a strap too
Twurk that ass if I want blow a bag boo
And act a donkey, act a monkey
Get a fifth of gin to see this chick get funky like a junkie
Show what this raw darlin'
[| From: http://www.elyrics.net/read/l/.....yrics.html |]
6 years of hustlin', see where it brought me
This ghetto monkey, I'm livin' lawless
Livin' life is the hardest
Tryin' to live marvelous in a world full of garbage
I'ma talk it
If you don't want it, don't start it
Cause I'ma put it down the way you want it
Nigga
[Hook]
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
Get the fuck out the way, cause here they come
Them hoes shakin' that ass
[Lil' Jon]
Pop that pussy hoe
[Repeat 3x's]
Grab that pussy hoe
[Repeat 3x's]
Butterfly hoe and let that pussy breathe
[Repeat 3x's]
Pop, pop, pop that thang girl
[Repeat 3x's]
Shake, shake, shake that ass girl
[Repeat 3x's]
[Hook]
B-B-Bounce that ass hoe (Shake, shake, shakin' that ass)
B-B-Bounce that ass hoe (Shake, shake, shakin' that ass)
B-B-Bounce that ass hoe (Shake, shake, shakin' that ass)
B-B-Bounce that ass
B-B-Bounce that ass
[REPEAT]
B-B-Bounce that ass hoe
Question: How many of you would be complaining if the music was rock instead of rap?...Case, closed...RACISM!
Poor little troll, don't you know? There's no such thing as a Garofalo.
He's a lawyer, he doesn't respect other peoples rights to not listen to his music at full blast, and he listens to Justin Timberlake. That's like a three strike violation isn't it?
He's Bringing Sexy Back... all the way to the Supreme Court.
Oh, cry me a river.
seriously though, no one else made a timberlake pun?
XTC ref in the alt-text?
Yes. What a great album, too. I remember the day Skylarking came out, my friend and I were at Paul Mahern's shop in Broad Ripple Village in Indianapolis. He was playing the album over the store speakers. I immediately left the shop, drove up to Karma Records in Castleton and bought the CD. I think it was the first CD I ever bought.
woah woah woah
Baby, my love is plainly audible
But being too loud just isn't laudable
Just play my music nice and low
Don't annoy people like a trashy ho'
I stay awake thinking about you
But I don't want to be awakened by loud noise, too
woah, woah, woah
Oh, baby, my reputation is bad enough
Without people getting bothered by this loud-stereo stuff
oh, baby
Also, WTF is up with loudspeakers under the hood. I do NOT want to listen to your shitty music. I'm thinking about getting one, just so when I come up on someone blasting their shitty rap, I can pump Bob Wills out at about 200dB. I imagine fiddle would annoy them at about the same rate as their bass lines do me.
Even better - get one of those compressed air diesel train horns. There are at least two companies I know of who sell kits to install a train air horn under the hood of your truck - but it requires a compressed air tank in the bed, because they use a lot of air. But they are insanely loud.
If I did this, I'd have to get some sort of aiming mechanism so I could point it directly at the driver's side window of the offending vehicle. Seems doable.
I once had a white-trash douchebag purposefully pace my car, after I put my passenger window up, to reduce the volume of the shitty music from this fucking tool's car.
After about 15 seconds of this nonsense, I slowly drifted over into his lane until he got the message. Problem solved.
Please, folks, only in self-defense: http://www.youtube.com/watch?v=6gSsMYjQVnY
Bagpipes. Wins every time.
It's a little hard for me to be sympathetic to people that blast their crappy music when I can clearly hear the rap music of the room across from mine and am now understanding why my university campus bans gun ownership.
Really, though, your right to listen to whatever music you want does not trump my right to not listen to whatever music you want. And yes, there should be a decibel limit on car systems, at least out in public.
Also, is it just me, or is it almost always rap music? Maybe I don't exactly have a good sample and am victim to confirmation bias, but it seems like 99 times out of a hundred I hear rap music being blasted; far more than any other genre.
There seems to be some kind of law of nature that the worse someone's musical taste is, the more likely they are to play their music loud and force everyone else to listen to it. That's why you hear rap music being blasted out of car speakers the most.
Sentence these guys to listen to Wagner's entire ring cycle. You want loud, here it is!
Here's a helpful guide on how to find good deals on car stereo products.