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License plates and free speech

Interesting (split) ruling from the 5th Circuit, confirming the idea that license plates with messages, symbols, etc., are personal speech by the person displaying them (not state speech by the government issuing them), and therefore Texas cannot block license plates by the Sons of Confederate Veterans, including the Confederate flag.

Aside from the curiosity that Texas was actually fighting this, it's an interesting ruling in that it implies that pretty much anyone with enough committed support can get any sort of viewpoint statement or symbolism put on a license plate (short of obscene materials, presumably). Church of Satan? Black Panthers? Gay Rights? Islamic Jihad? Role Playing Gamers?  Now's your chance, if the state can't block you (though the risk you run from other motorists, vandals, or from increased police scrutiny, may be another matter).

Or, alternately, states can simply go back to, y'know, issuing plain old license plates.

Federal Appeals Court Orders Texas To Issue Confederate Flag License Plates
This is a genuinely difficult case, although for reasons unrelated to whether Texas engaged in viewpoint discrimination by refusing to print license plates that display a symbol used by racist, slaveholding traitors.

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6 thoughts on “License plates and free speech”

  1. You should be careful what you put on your car. Bumper stickers can make people go apeshit. This might be worse.

    So, yeah, go for it Dixiephiles. How could it possibly bite you on the butt?

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