The Supreme Court has upheld Texas' refusal to issue a license plate bearing the Confederate battle flag, rejecting a free-speech challenge.
The court said Thursday that Texas can limit the content of license plates because they are state property and not the equivalent of a bumper sticker.
The Sons of Confederate Veterans had sought a Texas plate bearing its logo with the battle flag. A state board rejected it over concerns that the license plate would offend many Texans.
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Damn. Clarance Thomas joined the liberals. I need a battle flag on my tailgate.
ReplyDeleteHe would have never done that except for the Battle Flag which gives me much less respect or him.
DeleteA state doesn't have to issue specialty license plates at all if it doesn't want to. The idea that forcing the state to put your logo (whatever it is) on a license plate is free speech is ridiculous. Forcing anyone to do anything is NOT free speech.
ReplyDeleteDavid Martin
Discrimination.
DeleteI've not read the decision but it seems to me that if the state claims the license plate is state property there is then the question of whether the "public forum" doctrine applies. The state is not obligated to open areas other than the traditional forums like streets to speech. It's not obligated to open military bases to citizens' speeches and demonstrations, for example. Thus, if the state chooses to have only a barebones license plate it can do so. However, if it allows one group, such as Purple Heart holders or N.C. State grads to have customized plates, the limited public forum doctrine requires that all citizens be given access to that forum without government regulation of content, unless that state can make a showing of a compelling state interest in doing so.
ReplyDeleteIn our liberty-averse country at this point, "compelling state interest" will, of course, be determined by our timid, risk-averse, cowed judiciary to be the equivalent of "convenient for bureaucrats and politicians." Presumably, they will assume that if the eyeballs of excitable, ignorant, violent, and undisciplined people observe the Confederate flag anywhere in public they will have no choice but to riot, burn, steal, rape, and kill. It's a mystery whom they might have in mind but that's likely to be their justification.
In our liberty-averse country at this point, "compelling state interest" will, of course, be determined by our timid, risk-averse, cowed judiciary to be the equivalent of "convenient for bureaucrats and politicians." Presumably, they will assume that if the eyeballs of excitable, ignorant, violent, and undisciplined people observe the Confederate flag anywhere in public they will have no choice but to riot, burn, steal, rape, and kill. It's a mystery whom they might have in mind but that's likely to be their justification.
DeleteLove it! Thanks. :)
"State Property?" Hmm, if a plate is state property then as a owner of said vehicle I have a "Right" to collect rent on said state property that resides on my vehicle. I see it as a "Taking", so, just compensation is required.
ReplyDeleteSeems reasonable. :)
DeleteSo the obvious next step for the SOCV is to come up with license plate frames with the same info and logo on them. I would venture to guess that they can sell a LOT more of those than they could have gotten people to fork over the extra fees for the specialty plates.................
ReplyDeleteWhatever it takes.
DeleteThe State is "concerned" it might "offend many Texans". If that's the case, then the board should do a poll on what things "offends" Texans on their license plates and act accordingly. Maybe the Christian Cross on the 'Calvary' plate or the 'Daughters of the American Revolution' plate is offensive to enough citizens so that the esteemed board will be "concerned" and stop selling them.
ReplyDeleteTo view speciality plates Texas offers, go to this link: http://txdmv.gov/motorists/license-plates/specialty-license-plates
After all, isn't the purpose of life to make sure no one is offended by anything? (sarc)
After all, isn't the purpose of life to make sure no one is offended by anything? (sarc)
DeleteAbsolutely. :)
I wanted tgese do bad. I had a CSA flag on my old truck. But being in sales I have not put one in this truck, because every douche is so sensituve. But I might reconsider.
ReplyDeleteBillDave
Good man.
DeleteDiscrimination? They are not telling you that you cannot have a Confederate flag on your car, they are just saying that they are not going to put one on your license plate.
ReplyDeleteThe Constitution was not written to limit state power anyway and would never have been ratified if the states had been told that the Bill of Rights was going to be enforced on them. If you are unhappy with your states laws and can't get them changed, you can leave. The "laboratories of democracy" they called it. Incorporation Doctrine (the modern practice of applying the Bill of Rights at the state level) gives unlimited power to the Supreme Court, precisely the situation our Constitution was written to prevent.
David Martin
If there were no specialty plates, then this would be different, but it's discrimination to allow certain ones and ban others, period.
DeleteThe unfortunate state of the nation.....it seems only a matter of time till like minded people join together and break away into sub-sects.....though this time we win :)
ReplyDeleteI'll vote for that!
ReplyDeleteA new SCV-logo that does not have the Confederate Battle Flag in the design is in-work. It will be submitted for inclusion on Texas vanity plates. How's that for compromise?
ReplyDeleteThey ought to replace the square Battle Flag with the current Mississippi flag and see how they spin non-acceptance.
Delete