LAW IN QUESTION:
This law would prohibit any car on the road to have car paint on the windows. Putting this law into action would prevent other drivers on the road from speeding up or slowing down to read messages that people have written or drawn on their vehicles. It would eliminate unnecessary honking at cars that have “Honk if you… ” written on the windows which could potentially confuse other drivers on the road. The punishment for the first offense of someone with car paint would be a $100 fine. Repeat offenders would receive a $300 fine and mandatory community service or driving school. With this new law, the safety of the roads will only increase for everyone driving.
CASE APPLIED TO LAW:
MARSH V ALABAMA:
A woman was convicted of distributing religious literature on the sidewalks of a company owned town, which violated the the town’s regulations of requiring a permit to distribute items to people on the sidewalk. The woman was informed she would not be given a permit, but continued to distribute Jehovah’s Witness material. When she refused to leave, she was “arrested and charged with violating a state statute that makes it a crime to enter or remain on the premises of another after having been warned not to do so.”
The court ruled noting that ownership “does not always mean absolute dominion.” The court favored with the fourteenth amendment in that the property rights of a private entity are not sufficient enough to justify the restriction of a community of citizens’ fundamental rights and liberties.
APPLICATION OF CASE TO LAW:
This case helps identify that restricting the speech or display of opinion on one’s car would interfere with an individual’s first amendment rights. What is written on a car is not directed towards anyone, and even though the car may drive through a privately owned area or highway, the car owner has the right to display their opinion.