Sometimes Speech Is Uncomfortable, Racist, Or Icky: Allow All Speech Or None On License Plates
The state of Texas refused to issue one of their specialty license plates to the Sons of Confederate Veterans because it would show the group's logo, which includes the Confederate Battle Flag.
On Monday, the Supreme Court heard arguments about this.
The LA Times editorial board gets it right:
Our view is that once a state decides to turn license plates into metallic bumper stickers reflecting various drivers' views about everything from abortion to the environment, it can't pick and choose which viewpoints will be allowed.If the [Supreme Court] decides that specialty license plates are "public forums" in which the government may not discriminate, there could be a proliferation of ugly messages...
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But we also acknowledge that if the court decides that specialty license plates are "public forums" in which the government may not discriminate, there could be a proliferation of ugly messages and symbols on them (including, Justice Ruth Bader Ginsburg suggested, a swastika). But the same is true when the government opens a public park or a public meeting to a variety of speakers....At Monday's argument, the lawyer for Texas warned that if specialty license plates were treated as a public forum, the state would have to permit pro-Nazi or pro-Al Qaeda messages simply because it offered a license plate that said "Fight Terrorism." To which Chief Justice John G. Roberts Jr. replied, "Well, but there is an easy answer to that, which is they don't have to get in the business of selling space on their license plates to begin with."
I also think that if the state allows you to put "MOM111" on your plate, you should also be allowed to put on "BLOWME111" or the racist, sexist, or sexual language of your choice.
Again, the solution to speech people find creepy or too sexual isn't censorship; it's the state no longer selling the ability to put a message on your plate for pay.
Whoops, there go all those dollars.
http://www.flhsmv.gov/specialtytags/slp.html
In Florida you have to have 1000 pre orders in 24 months or the specialty plate will be cancelled.
I don't think too many people will be eager to buy a al Qaeda or a pro-nazi license plate. The resulting vandalism to the vehicle will cause them to re-evaluate some of their life choices.
Or at least their choice in license plates. A bit of a heckler's veto, but not everyone will confine themselves to speech.
I R A Darth Aggie at March 25, 2015 8:33 AM
It's a unique identifier for your car, not a place for self-expression — the bumper next to it is fine for that.
No idea why license plates should be issued for animal rights, pro-kids, veterans, flags of any kind, commemorative whatevers.
Kevin at March 25, 2015 10:07 AM
I once saw a custom plate with a USC background. Yeech. I'd rather see a "Choose Life".
Radwaste at March 25, 2015 11:26 AM
No idea why license plates should be issued for animal rights, pro-kids, veterans, flags of any kind, commemorative whatevers.
I think most of the money spent for a special license plate is supposed to go to the cause. At least in California. My parents bought the Yosemite plate which was supposed to fund conservation programs or whatnot.
But I think they're not managed very well and become slush funds for whoever can get their hand in cookie jar w/o getting caught.
Jason S. at March 25, 2015 11:29 AM
You are not "owed" the right to drive. This isn't a free speech issue. You also can't modify your car in any which way you want.
Ppen at March 25, 2015 11:48 AM
Go to the European method. A big white plate with numbers. No slogans, no pictures, no fancy fonts. Just an identification number.
Boring? Yes, but in that system no one is wasting the court's time and taxpayer dollars trying to get a special plate for the five or six people who will actually pay extra for it.
I'm more surprised that they got the description of the Confederate battle flag right.
The government doesn't "open" public land to a variety of speakers. It is forbidden by the Constitution from closing it to some speakers.
Requiring use permits is merely a way of scheduling the use of the venue and organizing security, traffic regulation, etc.
We need to get people past this idea that the government is empowered to "permit" us to do things.
Conan the Grammarian at March 25, 2015 12:13 PM
Conan the Grammarian:
"We need to get people past this idea that the government is empowered to "permit" us to do things."
Exactly. And not just with speech.
charles at March 25, 2015 6:05 PM
I have a regular license plate, but vanity nonetheless (it says something, not standard letters and numbers). The DMV told DH he couldn't put SUCK IT on his new business car. He owns a sewing machine and vacuum cleaner business and the car is lettered to reflect this. I'm sure (or at least hope) that must people get the connection between vacuums and sucking to not view it as derogatory, but the DMV chick said it was sexually derogatory. I'm not sure if DH ended up with any canity plates or just normal ones because they aren't here yet. Someone has to screen and approve all vanity plate requests. I had a hassle getting mine approved because the first screener said it was sexually explicit (my plates say BNY GRL). I filed an appeal and they approved it. Of course, if someone decides to write to the DMV at any time with a complaint that your vanity plates offend them, they can be revoked.
BunnyGirl at March 26, 2015 11:43 AM
Nothing sucks like an Electrolux.
Conan the Grammarian at March 26, 2015 11:46 AM
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