I have often wondered whether this would pass constitutional muster on a rational relationship test. Since DMV does not require a licensed driver to pass a hearing test to obtain a license, obviously hearing is not one of those aspects of ones' sensors which they have determined to be important in driving. If one were to wear earplugs, I'm comfortable attacking any alleged infractions based on reducing the volume of sound one hears.
I guess the theory would have to be that the sound/music coming into the head thru the earphones is the issue, not the attenuation of ambient noise for which the State cannot articulate any rational reason to prohibit by means of ear canal clogging. If so extremely loud car stereos like CM points out would easily accomplish that, yet they are not a vehicle/driving infraction/offense where wearing "headphones" is such an offense.
Just brainstorming it...
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