DWF is a yet-to-be-tested expression of the First Amendment. Here's the background:
Frequently asked questions
Is it legal to DWF?
It depends on the State you are in. There is no evidence that DWF has ever been tested in the Courts as protected speech.
It is a ticketable offense to DWF in the following States: Alaska, California, Connecticut, Hawaii, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New York, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin.
In Florida and Georgia it is legal.
Why DWF if it will get you a ticket and fine?
In short, because you feel strongly enough about the danger America's democracy faces, that you are willing to chance paying a fine or being jailed.
Why think that DWF should be "protected speech".
Several Court cases in the last 10 years have decided that flashing your headlights as a way of communicating to other people about a government activity that poses a danger is protected speech. In Elli v. Ellieville a man flashed his headlights to alert people about a police speed trap. A Federal judge found in his favor that his actions were protected by the First Amendment. https://www.aclu-mo.org/en/node/92
What preparations should I make before DWF?
Every citizen has to make their own decision to balance how concerned they are with the price they are willing to pay.. in time, money, and even incarceration in order to stop and reverse the destruction of our Democracy. See Organizing DWF tab above.
What do I do if pulled over by the police?
Smile, be friendly and courteous. The cop may just ask you if you realize you have your flashers on and give you a warning. If you want to tell the cop why you are DWF, do so calmly, patriotically, sincerely and with a smile on your face. Don't become angry, dismissive, talk back or give the cop any reason to arrest you. If he buys your statement that you are exercising your Right to Free Speech and lets you go, drive home immediately and post a video about your experience on Social Media. If you are feeling really determined, record your conversation with the cop on your phone and post that. If he tickets you, accept it politely, go home and post to Social Media. If you are done driving for the day, have a glass of wine and do some soul-searching about whether to just pay the fine or if you want to refuse to pay the fine. If you plan to contest the fine, be sure to be on time for your appearance before the judge. Have some friends along when you go and have them record the proceeding if allowed. Ask your local press to come down and watch. Whatever the outcome of your visit with the judge, post the event to Social Media. These are all baby steps.
Beyond Baby Steps and Behind Bars
If you have been ticketed you need to discuss next steps with a: a lawyer, b: family and friends. Any amount of interaction with the police that lets them know you consider DWF to be protected speech, particularly if you post it on social media, is useful. But then next step is a big one and should be decided by just how angry and determined you feel about the dismantling of our democracy. If you tell the judge that you politely but firmly refuse to pay a fine for exercising your First Amendment Rights he has two options. He may think "Oh Crap, this is going to be a bag of worms" and just let you go. He may say "I am increasing the fine to $X". He may have the bailiff arrest you right there. This eventuality is why you want to be sure your lawyer, the press and friends filming are there. If they take you to jail, have your friends post on social media. If instead, the judge sets a hearing where the County Attorney will prosecute you (and you can have legal representation) then go home, have a glass of wine and examine your "internal commitment meter".
If you find yourself in the courtroom:
TBA
TBA
Questions? We have them too! But we are happy to figure this out with you. Feel free to contact us with your situation. dwf@flashingagainstfascism.org