The rights to free speech and assembly are not absolute, things like incitement to imminent violence are not allowed even though we believe in free speech. Same for assembly. You are talking about the federal constitution here... state constitutions tend to have the same protections as the bill of rights, but that is not necessarily true in all states. For example in Oregon, the state constitution's freedom of expression provisions are construed to be more expansive than the bill of rights, which allows the most strip clubs per capita in the US in the portland metro area, among other things. <div>
<br></div><div>States get wide leeway to choose how to govern themselves, particularly in law-enforcement type matters. This is in the Constitution. I won't get into the standard of review owed to state exercises of police power when they are alleged to violate the federal constitution, but suffice it to say that restrictions are most definitely allowed and the standard of review is very deferential. The rights you speak of are nowhere near absolute. The citizens of Idaho to a large degree choose the laws they will live under and in this case, they have chosen no hitching. Idaho doesn't "have" to ban walking along the side of the road any less than they "have" to allow any number of number of things banned by ordinance, state law and the like. I suggest moving to Idaho and amending its laws through the state assembly!<div>
<br></div><div><br></div><div>Easy<br><br><div class="gmail_quote">On Wed, Jul 27, 2011 at 12:18 PM, Jonathan Ley <span dir="ltr"><<a href="mailto:jonathan@phlumf.com">jonathan@phlumf.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
<u></u>
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I can't understand how these laws are constitutional. We have a
right to free speech & free assembly in this country, and that's
what hitching is - asking for a ride (speech) and getting a ride
(assembly). I could possibly understand hitchhiking being made
illegal for safety reasons. But, then you'd have to make it illegal
to walk on the shoulder of any road as well. <br>
<br>
I wonder if you could make a sign that said something like:<br>
I am not asking for a ride to X... <br>
But might consider it if you offered.<br>
<br>
That might technically comply with the law ;-). But, good luck
explaining that to an officer... they generally don't appreciate
clever people.<br>
<br>
There's more about this here:<br>
<a href="http://www.digihitch.com/usa428.html" target="_blank">http://www.digihitch.com/usa428.html</a><br>
<br>
State specific info here:<br>
<br>
Montana - somewhat restricted, but not bad:<br>
<a href="http://www.digihitch.com/usa133.html" target="_blank">http://www.digihitch.com/usa133.html</a><br>
<br>
Idaho - illegal:<br>
<a href="http://www.digihitch.com/usa330.html" target="_blank">http://www.digihitch.com/usa330.html</a><br>
<br>
Wyoming - illegal:<br>
<a href="http://www.digihitch.com/usa89.html" target="_blank">http://www.digihitch.com/usa89.html</a><br>
<br>
Colorado - no problem:<br>
<a href="http://www.digihitch.com/usa324.html" target="_blank">http://www.digihitch.com/usa324.html</a><br>
<br>
New Mexico - a little restricted but not a real problem:<br>
<a href="http://www.digihitch.com/usa92.html" target="_blank">http://www.digihitch.com/usa92.html</a><br>
<br>
-Jonathan<div><div></div><div class="h5"><br>
<br>
<br>
<br>
On 7/27/2011 5:50 AM, Brill Stephen wrote:
</div></div><blockquote type="cite"><div><div></div><div class="h5">
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<p class="MsoNormal">I wanted to follow-up on the recent
post concerning
hitchhiking in Idaho.<span> </span>Yes, it is
illegal to hitchhike in the Gem State.<span>
</span>My own personal experience in this may be
helpful.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">Last year I was hitching back to my
home in Boise after a
4-day CDT hike in Yellowstone.<span> </span>My
friend
picked me up from the trail and after spending the night
at his place in
Island Park, drove me to Rexburg, from where I started
hitching.<span> </span></p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">It was a Sunday morning in the heart
of Idaho’s MoCo.<span> </span>I managed to
get a ride from Rexburg to Mud
Lake but had a very difficult time getting out of Mud
Lake.<span> </span>After about two hours
trying to hitch out of
Mud Lake, a state trooper came by and informed me that
what I was doing
(standing by the side of the road with a sign reading
“Arco”) was against the
law in Idaho.<span> </span>Had there been a
sidewalk
there and had I been standing on the sidewalk with my
sign, this would have
been ok.<span> </span>But since there was no
sidewalk, even though I was well off the roadway, what I
was doing was
illegal.<span> </span>It is illegal to
attempt to
solicit a ride with your thumb or sign if you are on a
highway (or any public road, for that matter).<span> </span>According to this trooper, it is
perfectly
legal to simply stand by the side of the road if you
make no attempt to solicit
a ride.<span> </span>It is also legal to ask
a
motorist in a stopped car for a ride.<span>
</span>This last strategy eventually worked for me, and
I was incredibly
fortunate to catch a ride all the way from Mud Lake to
Boise, a distance of
about 250 miles.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">Finally it is worth noting that
before the trooper left he
said he would return in a few hours.<span>
</span>.And if he saw me out there attempting to solicit
a ride illegally, he
would arrest me.</p>
<p class="MsoNormal"> </p>
<span style="font-size:12pt;font-family:"Times New Roman"">Hope this helps for all those considering
hitchhiking
in Idaho.<span> </span>My suggestion is to go
to a
gas station and ask for a ride, rather than attempt to
truly hitch.<br>
<br>
-- Moondancer<br>
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