Freedom of Speech (and Volume): The Day the Noise Law Died

By: John Guidry

Do you love freedom? I do. Do you love the Constitution? I do too! We have so much in common.

Before diving into case law, let me tell you about my trip to Germany last summer. Beautiful country, great beer. But, Germany is a tad reserved.

My cousin there builds custom motorcycles. His dream is to one day bring his bike to Daytona for Bike Week. But under German law, his bike’s exhaust system is extremely muffled. It sounds like my moped—seriously. As a matter of fact, Harleys sold in Germany don’t sound like Orlando’s Harleys; they sound like mopeds.

So, why should you care? Because here in Orlando (and all of Florida), we have Florida Statute 316.3045, a statute governing noise—specifically, amplified sound from a vehicle.

Pulled over for a loud stereo?

The police often use noise as an excuse to search your car. Call John today at (407) 423-1117.

The Victory: State v. Catalano

Freedom-loving citizens everywhere celebrated when the noise statute was declared unconstitutional by the Second District Court of Appeal in State v. Catalano (Fla. 2nd DCA 2011).

The victory was successfully argued by a great attorney, a great guy, and the defendant in the case—Richard Catalano.

• The Facts: Richard was driving one day and received a ticket for his loud stereo.
• The Fight: Instead of paying it, he took it all the way up to the Appellate Court.

The Constitutional Problem Our Constitution requires noise ordinances to be content-neutral, applying equally to music, political speech, and advertising. The court noted that the statute exempted commercial and political vehicles.

• Basically, an ice cream truck could blast music without violating the statute.
• But a citizen playing the same music at the same volume would get a ticket.

The Court gave this example:

“An individual using a vehicle for business purposes could… listen to political talk radio at a volume clearly audible from a quarter mile; however, an individual sitting in a personal vehicle… is subject to a citation if the individual is listening to music… clearly audible at 25 feet.”

Since “We the People” should have as much free speech as a business, the statute was declared invalid.

Why This Mattered (The “Cars That Go Boom”)

As an Orlando criminal defense attorney, I wished this case had come down years earlier. Basically, this statute was used arbitrarily to stop and search cars that police suspected possessed cocaine or marijuana.

These were “the cars that go boom.” (And… we like the cars, the cars that go boom. Yes, that’s a lame ’80s rap reference).

For a long time, Catalano meant police had to find a different reason to pull you over.

John’s 2025 Update: The Law is Back

Note: Richard Catalano did great work in 2011, but the State eventually struck back.

After the Catalano (and later Montgomery) rulings killed the noise law, the Florida Legislature passed a new version of Florida Statute 316.3045, which became effective July 1, 2022.

How they “fixed” it: To make the law constitutional, they simply removed the exemptions.

• The new law still bans audio audible from 25 feet away.
• But now, it applies to EVERYONE—including business and political vehicles.
• By treating ice cream trucks and regular cars equally, they satisfied the “content-neutral” requirement of the Constitution.

The Bottom Line Today: Police can stop you for loud music again. However, if you are stopped, we still investigate whether the officer could actually hear it from 25 feet or if they just used it as a pretext to sniff around your car.

Call me at (407) 423-1117. The law changed, but we are still fighting the stops.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.