Dixie’s flag falls again: Supreme Court rules Texas can reject offensive plate designs

Reuters / Texas Department of Motor Vehicles

Reuters / Texas Department of Motor Vehicles

The nation’s highest court agreed with Texas’ refusal to issue a driver’s license plate bearing the Confederate flag. The ruling rejected a free speech challenge saying government property is a protected statement.

In a 5-4 decision, the Supreme Court ruled on Thursday that
specialty plates convey a state’s endorsement of particular
speech. The case, Walker v. Sons of Confederate Veterans (SCV),
involved the SCV wanting a Texas driver’s license plate bearing
its logo with a Confederate flag. A state board rejected its
design over concerns that the license plate would offend many
Texans.

The Confederate flag has a double association. For some, it is a
hate symbol: a reminder of a legal system of slavery and mass
murder in the South. For others, it’s a symbol of heritage and
history deriving from the American Civil War, in which America’s
southern states adopted the flag as they tried to secede from the
North 150 years ago.

“A person who displays a message on a Texas license plate
likely intends to convey to the public the State has endorsed
that message. If not, the individual could simply display the
message in question in large letters on a bumper sticker right
next to the plate,
” wrote Justice Stephen Breyer in the
majority opinion, joined by Justices Clarence Thomas, Ruth Bader
Ginsburg, Sonia Sotomayor and Elena Kagan.

Justice Clarence Thomas, often the most conservative opinion on
the bench, teamed up with the liberal justices. He has sided with
liberal opinions in the past, typically when the case concerns
private property or the rights of criminal defendants.

Justice Stephen Beyer said that when a message appears on license
plates, it becomes a government statement and not a private
individual’s. The court further ruled that the government has to
be able to speak in order to function.

As a general matter,” Justice Breyer wrote, “when
the government speaks it is entitled to promote a program, to
espouse a policy or to take a position.
” He said a
government without such authority wouldn’t be able to enforce a
vaccination program or encourage householders to participate in a
recycling program.

READ MORE: Confederate flag battle reaches the
Supreme Court

Justice Samuel Alito said in the dissent that the decision
threatens private speech that the government finds
displeasing
.” Alito, joined by Chief Justice John Roberts
and Justices Antonin Scalia and Anthony Kennedy, argued that
custom Texas license plates do not imply an endorsement by the
state whatever message the plate carries.

If a car with a plate that says ‘Rather Be Golfing’ passed
by at 8:30 am on a Monday morning, would you think: ‘This is the
official policy of the State – better to golf than to
work?’
” the dissent reads.

Like many US states, Texas provides custom license plates for an
additional fee, but the designs have to be approved by the state
board governing the Department of Motor Vehicles. The
controversial Confederate flag design is the first that it has
ever rejected.

Texas offers hundreds of specialty plates. Many are for college
alumni, sports fans, businesses and service organizations. Others
convey messages such as “Choose Life,” “God Bless Texas” and
“Fight Terrorism.” The license plates are, Justice Alito wrote,
“little mobile billboards on which motorists can display their
own messages.”

The Confederate “battle flag” currently appears on license plates
in Alabama, Georgia, Louisiana, Maryland, Mississippi, North
Carolina, South Carolina, Tennessee and Virginia.

Source Article from http://rt.com/usa/268237-texas-supreme-court-flag-refusal/?utm_source=rss&utm_medium=rss&utm_campaign=RSS

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