S1 EP 165: Florida's new loud music ordinance statute 316.3045.

This new statute is 100% unconstitutional folks and hope it's challenged soon and tossed out like it was in 2012. This is what happened in 2012: In an opinion issued on Thursday, December 13, 2012, the Florida Supreme Court declared Section 316.3045, Florida Statutes (2007), to be invalid. The law prohibits motorist from playing music or amplified sound at a volume that is “plainly audible” to someone 25 feet away. Upholding a Second District Court of Appeal decision, State v. Catalano, 60 So. 3d 1139 (Fla. 2d DCA 2011), the Court held the statute is invalid because it is an unreasonable restriction on the freedom of expression. The Court also held the statute is not unconstitutionally vague, but is unconstitutionally overbroad and an impermissible content-based restriction. Justice Jorge Labarga writing for the majority, stated the law is “content based” as it did not apply “equally to music, political speech and advertising”. The law provides an exemption to motor vehicles used for business and political purposes, thus treating commercial and political speech more favorably than noncommercial speech. Email: realnewsocala@gmail.com --- Support this podcast: <a href="https://anchor.fm/lee-leffingwell/support" rel="payment">https://anchor.fm/lee-leffingwell/support</a>