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On that for a couple of reasons, one of which is that you know there's safety issues, right? there's all sorts of situations in which you're driving down the freeway, and people might be standing over and over pass and you're not going to drive under the shoulder and, you know, wave your hand. right and i think the covid dynamics sort of belies some of the obvious alternatives that the majority wants to support. you know, there were safety concerns about protesting , and for many people, this was the only way that they would be able to express their support and certainly if you can imagine oth...

As i can determine that such political expressive horn uses use jeopardizes safety or frustrates noise control, brazen concludes. that by prohibiting core expressive conduct the law is unconstitutional. joining me now is hands, who wrote an amicus brief in support of susan porter in the case, he's associate clinical professor of law at cornell law school, where he is associate director of its first amendment clinic. professor thanks for being here it is my favorite story of the week. so the majority said, yeah, some honking is expressive under the first amendment, but it applies even handedly....

Respond together. here it comes if corporations can be people horn can be a voice your thought. you know, i think that it demonstrates how broad first amendment expression covers from the citizens united case which i think the comments, referring to this one. first amendment expression takes all kinds of forms and should then a constitutional democracy. we shall see the way the poll question turns out. i know how you're voting. thank you for your time. absolutely have a great day. make sure you go to smerconish dot com right now answer this week's poll question. we set a record last week with ...

Sorts of contacts similar to what susan porter had engaged and that would be covered by the law. and um, i remember when i was working on this project, one of my colleagues said, are you really gonna make a constitutional case about hard, hard thing, and i understand that it's a little uh, maybe not what we think of when we think of protocol protests, but you know, it's so central and i think that the covid protests that you mentioned are a great example of how political expression takes all sorts of forms, and this is one that's very long standing. you might be surprised that some of these ca...

Susan porter's case because of the concern i have about political expression and how honking of horns is central to that, particularly during the covid epidemic when this case was being litigated you remember ? i'm sure in the 2020 election when, when covid was much more on the brain, and while donald trump was barnstorming the nation at these enormous rallies , joe biden, much more cautiously was appearing at drive ins and i'm going to show you some tape. joe is a man for this moment. so the only way they were able to express themselves was honking the horn. now if i want to be technical, i g...