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Posts tagged "statute"

Law against Loud Music Unconstitutional?

Eminem, Little Wayne blasting from the speakers while you're sitting at the light in downtown Orlando? According to Florida Statute Section 316.3045(1), that is a no-no. On September 6, 2011, however, Florida's 5th District Court of Appeals issued a ruling that the statute is unconstitutional. The statute makes it illegal for a person to operate a "sound-making device" in a motor vehicle that is "plainly audible" from a distance of 25 feet. What makes it unconstitutional? After all, a similar statute has been upheld by the United States Supreme Court that prohibits "loud and raucous" noise being emitted from sound trucks in residential neighborhoods. What makes the loud music statute unconstitutional is that it is not content neutral like the sound truck statute.

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