View Full Version : Supreme Court - No First Amendment Violation on Texas Confederate Plates
RblDiver
06-18-2015, 13:18
http://hotair.com/archives/2015/06/18/supreme-court-texass-ban-on-confederate-flag-license-plates-doesnt-violate-the-first-amendment/
Short synopsis: Texas declined a group which wanted a licence plate with a confederate flag on it. Lawsuit claiming First Amendment violation occurred. Supreme Court on a 5-4 said it wasn't a violation. In the majority opinion:
"...Texas license plate designs 'are often closely identified in the public mind with the [State].' ...The governmental nature of the plates is clear from their faces...Texas license plates are, essentially, government IDs. And issuers of ID 'typically do not permit' the placement on their IDs of 'message[s] with which they do not wish to be associated.'"
So, here's my question: Does this mean that the government now can indeed discriminate based on viewpoints? Did those five fully think through the ramifications of this? Because in my interpretation, this now means that if a local government did indeed wish to be associated with a message, say a Nativity scene, then they're free to do so, and they can discriminate against another viewpoint, like an athiest scene. After all, if they wish to be associated with the one and not the other, it's perfectly OK now, right?
(I don't think they fully thought this through is my take).
I think you are jumping a bit too far. This precesedent could indeed be used to counter a suit against texas for not having a nativity scene on state grounds, but if applied correctly woukd justly allow texas to refuse a request to put a nativity scene on their property.
It's an exclusionary ruling, not an inclusive one.
Bailey Guns
06-18-2015, 13:41
Hard to believe it was Thomas and not Kennedy that cast the tie-breaking vote.
It is hard to believe that any state would turn down any opportunity to make more money by printing images and pithy slogans on a government issued license for the vehicle to operate on public roads. Imagine if the price for the license was based on the level of offensiveness. Fuzzy bunnies plates cost $20 more than generic. Those war mongering veteran plates [Sarcasm2] well those cost $100 extra. You want a Nazi Swastika on your plate? That will be $10,000 extra please.
I would like a black and white license plate that I pay what it costs the state to make please. I just assume that black and white is the cheapest plate to make. If some other color (lack of color) costs less, then that would suit me fine as long as the state passes the savings along to me.
Aloha_Shooter
06-18-2015, 17:41
I don't think the state is obligated to create vanity plates for any message people want to express. They can put bumper stickers on their cars to express their view points or celebrate their culture. Look at it this way: would you object to this ruling if Mike Bloomberg were to run a movement that demanded license plates demanding registration or confiscation of privately owned firearms?
Sounds like the group is trolling and hoping to get turned down, so they can cry about it.
How about adding a pot leaf to CO plates? How about a Gadsden flag symbol? I'm sure there would be a market for both but are they appropriate on a license plate?
theGinsue
06-18-2015, 18:31
Just sayin.
GilpinGuy
06-18-2015, 19:33
I was in NC recently for a funeral and saw a few of the SC "Don't Tread on Me" license plates around. Pretty cool looking IMHO.
KestrelBike
06-18-2015, 20:38
There are lots & lots of peeps with the DToM license plates here in VA. I considered getting one, but didn't because it seems like a good advertisement to scum bags (thieves) that your house probably has guns in it (my car is parked on the street).
Definitely need some of the trucker girls on plates!
RblDiver
06-19-2015, 11:21
I'm saying it's a dangerous precedent to have the government deciding which speech is acceptable and which is not. It seems like they should either have very loose permissions, or should have it completely standardized. Otherwise you get into a situation where they decide one form of speech is acceptable and another isn't.
Bitter Clinger
06-19-2015, 11:47
I know a guy that drove his '32 around for YEARS with a plate that read BAAHLS. The DMV finally caught it and made him change it, thing is-thats his last name.
BushMasterBoy
06-19-2015, 14:11
I'm waiting for the Obama license plate and it should be free...
http://www.washingtonpost.com/local/dc-politics/obama-to-use-dc-taxation-without-representation-license-plates/2013/01/15/f91b09ac-5f5b-11e2-9940-6fc488f3fecd_story.html
Bailey Guns
06-24-2015, 12:44
Texas was OK with these:
http://i625.photobucket.com/albums/tt337/baileyguns/a2cf5686.jpg
Special Ed
06-25-2015, 08:48
Texas was OK with these:
http://i625.photobucket.com/albums/tt337/baileyguns/a2cf5686.jpg
And these:
http://99a34feab411259dc7b4-8561c0e5244083a527482fa735bef602.r38.cf1.rackcdn.c om/auto.Gonzales.png
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