Motorists have a right to put their favorite bumper sticker on their cars, but do they also have a free-speech right to a specialty license plate featuring a Confederate battle flag or a message about abortion?
That was the question before the Supreme Court on Monday.
Most states offer specialty license plates for an extra fee, and they permit groups to propose a plate that promotes their messages.
Most are not controversial. Texas offers plates that say "Keep Texas Beautiful" or "Mothers Against Drunk Driving."
But when the Sons of Confederate Veterans requested a special plate that featured a Confederate battle flag, a state board refused. It said the message would provoke controversy and was seen by some as an "expression of hate."
The group sued, claiming a violation of its 1st Amendment rights. And it won in the 5th Circuit Court of Appeals. Its judges said that once the state had offered plates designed by private groups, it could not discriminate against their messages.
Meanwhile, an appeals court faulted North Carolina for offering an anti-abortion "Choose Life" plate, while refusing to permit an abortion-rights message like "Respect Choice."
The debate before the high court focused on whether the specialty license plates speak for the state or for the driver. In the past, the court has said government agencies may control their own message. But most lower courts have said the specialty plates speak for the motorists, not the state.
The court is expected to rule by June.
On Twitter: @DavidGSavage
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