Justices hear free speech dispute over Confederate flag license plate

The U.S. Supreme Court takes up a free speech case on whether Texas was wrong in rejecting a specialty vehicle license plate displaying the Confederate flag to some an emblem of Southern pride and to others a symbol of racism. Photo by Texas Department of Motor Vehicles/Handout via Reuters

WASHINGTON The Supreme Court is weighing a free-speech challenge to Texas refusal 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. The Texas Department of Motor Vehicles says nearly 877,000 vehicles among more than 19 million cars, pickup trucks and motorcycles registered in Texas carry a specialty plate.

But a state motor vehicle board turned down a request by the Texas division of the Sons of Confederate Veterans for a license plate with its logo bearing the battle flag, similar to plates issued by eight other states that were members of the Confederacy, as well as Maryland.

The justices are hearing arguments Monday over whether the state violated the groups First Amendment rights.

Texas commemorates the Confederacy in many ways, but it says that putting the battle flag on license plates would offend many Texans who believe the flag is a racially charged symbol of repression. The same image is etched on a century-old Civil War monument on the grounds of the state Capitol in Austin.

The First Amendment dispute has brought together some unlikely allies, including the American Civil Liberties Union, anti-abortion groups, Americans United for Separation of Church and State, civil libertarian Nat Hentoff and conservative satirist P.J. ORourke.

In a free society, offensive speech should not just be tolerated, its regular presence should be celebrated as a symbol of democratic health however odorous the products of a democracy may be, Hentoff, ORourke and others said in a brief backing the group.

The case could be important for how the Supreme Court determines whether the speech at issue belongs to private individuals or the government.

Texas main argument to the Supreme Court is that the license plate is not like a bumper sticker slapped on the car by its driver. Instead, the state said license plates are government property, and so what appears on them is not private individuals speech but the governments. The First Amendment applies when governments try to regulate the speech of others, but not when governments are doing the talking.

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Justices hear free speech dispute over Confederate flag license plate