It's come up in court cases before, and might've raised a Constitutional/Bill of Rights issue. (I don't have references, though.) This sort of thing also reminds me of New Jersey's "flashing to pass is road rage" situation. "No, Officer; I'm perfectly happy. I just want to pass in the left lane as it's the safest legal way to do it."
We Porsche drivers could always say we were acknowledging another Porsche going in the opposite direction.