City of Overland Park v. Rhodes

Based on the City of Overland Park’s representation that its primary purpose for conducting the motor vehicle checkpoint entailed publicizing par*68ticular opinions and views about driving and alcohol use, I would find the exercise violated the First and Fourth Amendment rights of Defendant Kelly Rhodes and the 600 other drivers who were waylaid. A state or local government cannot use its police powers to create captive audiences as a means of educating or advocating on particular subjects or issues no matter how popular or benign the message. The implications of a contrary rule would be both…