Ruling that messages on specialty plates were “private speech” rather than government statements, the Fifth Circuit U.S. Court of Appeals reversed a lower court ruling allowing Texas to censor plates with the Confederate battle flag. (Jurist, July 16, 2014, by Ann Schober)
The Fifth Circuit decision found viewpoint discrimination and a violation of First Amendment rights in blocking the flag license plates. A dissenting judge argued that the plates were both a forum for individuals and government speech so that the government had a legitimate interest in determining the content of messages on plates. (ThinkProgress, July 15, 2014, by Ian Millhiser)
A Texas editorial writer also faults the Fifth Circuit decision, “Just as the state reserves the right to block certain vulgar or inappropriate messages from appearing on vanity plates, authorities also have the right to regulate the symbols that organizations use as logos. Too bad if the organizations don’t like it. The state isn’t restricting the organization’s free speech [since the Sons of Confederate Veterans retain the right to put their flag on faces, houses and cars]. It is simply saying that, on state property, you don’t have final say. If the state loses this argument, I don’t see any way it can continue to censor vanity plates, no matter how vulgar or offensive this supposed ‘free speech’ is. The taxpayers’ property was never supposed to be used like this.” (The Dallas Morning News, July 15, 2014, by Tod Robberson)