The Supreme Court declined to hear the appeal of a California woman who was ticketed for repeatedly honking her car horn in support of a protest.
The woman argued honking constitutes protected free speech, but California and most other states ban non-emergency horn use.
While the laws are rarely enforced, California argued most states have them to prevent distraction.
“To be sure, most non-warning honks do not create distractions resulting in accidents,” U.S. Circuit Judge Michelle Friedland wrote, “but we discern no plausible means by which California could permit non-distracting honks while prohibiting distracting honks.”
The appeals court agreed excessive honking could distract drivers and pedestrians.
It said it would be difficult to enforce only against distracting honks.
The Supreme Court let the appeals court decision stand, upholding California’s total ban on non-warning horn use.