The nine justices will hear a one-hour oral argument in a case
that raises the issue of how states can allow or reject politically
divisive messages on license plates without violating free speech
rights. States can generate revenue by allowing outside groups to
propose specialty license plates that people then pay a fee to put
on their vehicle.
The group Sons of Confederate Veterans says its aim is to preserve
the "history and legacy" of soldiers who fought for the pro-slavery
Confederacy in the U.S. Civil War. Its proposed design featured a
Confederate battle flag surrounded by the words "Sons of Confederate
Veterans 1896." The flag is a blue cross inlaid with white stars
over a red background.
The group's Texas chapter said its members' free speech rights were
violated when the state rejected the plate. Several other states
have approved similar plates.
When Texas rejected the proposal in 2010, the state said it had
received public comments that suggested "many members of the general
public find the design offensive" in large part due to the
Confederacy being synonymous with the institution of slavery.
A black Texas Democratic state senator, Royce West, said in 2011,
"Ill-intended or not, why would African Americans want to be
reminded of a legalized system of involuntary servitude,
dehumanization, rape and mass murder?"
The New Orleans-based 5th U.S. Circuit Court of Appeals ruled that
Texas officials did not have grounds to reject the plate, prompting
the state to seek high court review.
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The legal issue is in part whether messages on state-issued license
plates represent speech by the government or an endorsement of a
private message. If determined to be private speech, the state's
rejection could violate the U.S. Constitution's First Amendment free
speech guarantee.
Steven Shapiro, legal director of the American Civil Liberties
Union, which backs the Sons of Confederate Veterans, said although
the flag "served as a banner for those who supported slavery and
segregation ... Texas cannot pick and choose the plates it approves
on ideological grounds."
A ruling is expected by the end of June.
The case is Walker v. Sons of Confederate Veterans, U.S. Supreme
Court, No. 14-144.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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