http://www.nationalreview.com/bench-memos/415819/first-amendment-scotus-case-could-bring-much-needed-clarification-what
Recently the Sons of Confederate Veterans, tried to
display Confederate battle flags on their specialty license plates. The state
of Texas excluded this particular design from its specialty-plate program. The
Confederate flag style plate was excluded from the program because it violated
their policy against “offensive” messages on specialty plates. The states that
allow these specialty license plates are permitting private organizations to
create special plates that vehicle owner’s purchase for their car. In most
cases a portion of the proceeds goes to the private company that sponsors the
plates. Walker v. Texas Division, Sons of Confederate Veterans, gives the
Supreme Court the opportunity to clarify whether the First Amendment is applied
when state and private actors work together to produce speech. The Court also
has a chance to elaborate on what qualifies as “government speech” which is not
subject to the First Amendment at all. Lower Courts have had trouble discerning
whether states are presenting and supporting government messages through their
involvement in the specialty-plate programs. Or, could these states simply be
promoting private messages and views of citizens in their state? This
confederate flag case is a bit out of character for license plate disputes
across the U.S. Mainly, these cases consist of national discussion of
abortion-related speech and the national use of the “Choose Life” License
plate, which is available in 29 states.
I believe it goes
against the Sons of the Confederate Veterans First Amendment right of freedom
of speech to not allow them the specialty-license plate exemption. These
specialty plate programs are only designed to create revenue for the state and
the organizations creating them. It is up to the individual how they would like
to express themselves in their own car or truck. Walker v. Texas Division, Sons of Confederate
Veterans and the license plate programs create a newfound public forum in my
opinion and therefore must be protected by the First Amendment. The state and
the organizations involved in the specialty plate programs must judge all
requests for specialty-plates with neutrality and decide accordingly. In my
opinion, this is not “government speech” just because it is a state license
plate. This is just a glorified bumper sticker that people can so choose to
have. By having the specialty-plate option, the state is inviting the public to
join in a public forum of expression and allowing the plates to say what the
public wants. This could open a slippery slope because the state of Texas would
be required to allow plates that may bear a swastika or other “offensive”
signs. The states that do allow specialty plates should either judge all
requests for license plate alterations neutrally or not allow any difference in
appearance and require complete uniformity of the license plates. This issue is
important because it speaks to a new and up and coming public forum that is
beginning to come about. The Court has made rulings in the past regarding the
treatment of license plates as private property. Historically in Wooley v.
Maryland the court ruled that motorists could not be compelled to carry the New
Hampshire motto “Live Free or Die.” This case may set a new precedence in how
license plate space is treated in the future and to what lengths the First
Amendment will stretch to cover expression. The distinction that must be made
here is whether you view the license plate as the driver’s speech or as the
states.
Where do you stand?
1 comment:
I disagree with Brandon on this one. Specialty licence plates that convey a symbol that has historically been linked to racism and oppression should not be allowed. Since licence plates are required by state law, this would be government endorsement of the Confederate Flag and its message of hate. If people want to put the confederate flag on their cars then they can use bumper stickers but not licence plates.
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