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Purveyor

(29,876 posts)
Mon Mar 23, 2015, 12:13 PM Mar 2015

Confederate Flag License Case Has Court Seeking Middle Ground

by Greg Stohr
11:19 AM EDT March 23, 2015


(Bloomberg) -- U.S. Supreme Court justices found no easy answers as they considered whether Texas officials must issue a license plate depicting the Confederate battle flag.

Hearing arguments today in Washington, the justices worked to find a middle ground -- with few signs of success -- as they weighed a free-speech dispute with implications for dozens of states with specialty license-plate programs.

A federal appeals court ruled that Texas violated the Constitution when officials rejected an application by the state chapter of the Sons of Confederate Veterans while issuing more than 350 other specialty plates.

http://www.bloomberg.com/news/articles/2015-03-23/confederate-flag-license-case-has-court-seeking-middle-ground

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onenote

(42,799 posts)
2. so are the flags of the UK, Japan, Germany, Italy, Spain, and a bunch of other countries
Mon Mar 23, 2015, 01:07 PM
Mar 2015

Should the display of those flags be banned? Is there a particular basis for banning the appearance of the flag on a license plate as opposed to pasting it to the side of your car?

The issue (and its not an easy one for the court) is whether the issuance of personalized licenses is speech by the state or speech by the individual.

kwassa

(23,340 posts)
3. It has to be speech by the state. They made the license plate.
Mon Mar 23, 2015, 02:11 PM
Mar 2015

The individual didn't create the plate and stick on their car with their own individual design.

onenote

(42,799 posts)
4. If it's speech by the state, can the state prevent you from altering the message?
Mon Mar 23, 2015, 02:17 PM
Mar 2015

For example, if the speech is that of the state and not the individual, then when certain groups were prohibited from taping over the "Live Free or Die" message on New Hampshire's plates, should they have lost the case?

The case is not an easy one. The First Amendment protects not only one's right to speak but also one's right not to speak.

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