Is Honking a Horn in Support of Protesters Protected Free Speech?

Scenario: While working a traffic enforcement detail, an officer sees and hears a driver honking her vehicle's horn in support of the protesters on a street corner.

Can the officer issue her a citation for violating California Vehicle Code Section 27001 - Improper Use of a Horn or is her honking of the horn protected free speech?

Answer: That was the question taken up by the 9th Circuit Court of Appeals in the case Porter v. Martinez from 2023. The court said, "The statute encourages the use of the vehicle's horn when reasonably necessary to ensure safe operation and prohibits honking in all other circumstances because... honking when there is no hazard both dilutes the horn's usefulness as a safety device and creates dangers of its own."

They went on to say, "Section 27001 plainly leaves open ample alternative channels for people to communicate their ideas and messages, including from their cars." "...drivers can park their cars and attend political demonstrations on foot. They can also express agreement with protesters from their cars by waiving, giving a thumbs up, or raising a fist as they drive by. Although some people may find it more satisfying to honk in certain circumstances, we will not invalidate a regulation merely because it restricts the speaker's preferred method of communication. The First Amendment does not guarantee the right to employ every conceivable method of communication at all times and in all places."

"We hold that Section 27001 is narrowly tailored to advancing California's substantial interest in traffic safety, and therefore that it passes intermediate scrutiny." 

Therefore, yes, an officer can issue a citation to a person who honks their horn to support protesters in violation of Vehicle Code Section 27001.