Texas license plate case pits free speech vs. hate speech

This image provided by the Texas Department of Motor Vehicles shows the design of a proposed Sons of Confederate Veterans license plate. The Supreme Court on March 23, 2015, will weigh a free-speech challenge to Texas decision to refuse to issue a license plate bearing the Confederate battle flag. Specialty plates are big business in Texas, where drivers spent $17.6 million last year to choose from among more than 350 messages the state allows on the plates. TEXASDEPARTMENTOFMOTORVEHICLESAP

WASHINGTON Supreme Court justices on Monday struggled with how far license plates might go if they rule the Sons of Confederate Veterans can get Texas plates imprinted with the Confederate flag.

Pretty far, the Sons of Confederate Veterans attorney conceded, in an exchange that suggested why the group might eventually lose its challenge to Texas denial of its controversial plate request.

Your position is that, if you prevail, a license plate can have a racial slur? asked Justice Anthony Kennedy, a frequent swing vote. Thats your position?

Yes, replied R. James George Jr., the Austin-based attorney representing the Sons of Confederate Veterans, adding that speech that we hate is something we should be proud of protecting.

Justice Ruth Bader Ginsburg pressed George with similar examples, asking about specialty license plates imprinted with a swastika, an encouragement to commit jihad or the phrases Make Pot Legal or Bong Hits for Jesus. In each case, George said Texas should be obliged to print the plate if requested to.

I dont think the government can discriminate against content, George said.

Texas officials, though, say theyre free to regulate the speech thats conveyed through a government-issued medium.

The government is entitled to select the messages that it wishes to propagate, Texas Solicitor General Scott A. Keller said Texas does not have to associate itself with messages that it doesnt want to and finds offensive.

The Texas specialty license plate program now includes more than 400 permitted messages, Keller reported Monday. Some messages are authorized by the state Legislature and others are applied for through the Texas Department of Transportation.

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Texas license plate case pits free speech vs. hate speech