Censoring Specialty License Plates

Free Speech & Election Law Practice Group Teleforum

Many states make money by letting a wide range of groups order specialty license plates for their members. The specialty plates tend to convey a message or an affiliation. May a state reject a proposed plate because it deals with “politically sensitive and emotionally charged issues”? More specifically, may a state forbid a “Choose Life” specialty plate, but allow a “Union Yes” plate and one that says “Support Police”? The Second Circuit just upheld such a policy, by a 2-to-1 vote. Is the decision consistent with the First Amendment?

• Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law

Many states make money by letting a wide range of groups order specialty license plates for their members. The specialty plates tend to convey a message or an affiliation. May a state reject a proposed plate because it deals with “politically sensitive and emotionally charged issues”? More specifically, may a state forbid a “Choose Life” specialty plate, but allow a “Union Yes” plate and one that says “Support Police”? The Second Circuit just upheld such a policy, by a 2-to-1 vote. Is the decision consistent with the First Amendment?

• Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law

Call begins at 12:00 noon Eastern Time.

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