And an amicus brief had informed us that there were, at the time, 52 such displays. While all license plates unquestionably contain some government speech e. Texas offers automobile owners a choice between ordinary and specialty license plates.
But, as a general matter, when the government speaks it is entitled to promote a program, to espouse a policy, or to take a position. But it need not issue plates deriding schooling. Unlike in Summum, history here does not suggest that the messages at issue are government speech.
The history of messages on license plates is quite different. At that meeting, one board member was absent, and the remaining eight members deadlocked on whether to approve the plate. It was therefore clear that private parties, and not only the government, used the system to communicate.
Brief for Respondent in Pleasant Grove City v. The DMV rejected the design because public comments deemed the design offensive. The Board invited public comment on its website and at an open meeting.
Summum, supra, at But forum analysis is misplaced here.
In light of these and a few other relevant considerations, the Court concluded that the expression at issue was government speech. Suppose that the State posted some government messages on these billboards and then, to raise money, allowed private entities and individuals to purchase the right to post their own messages.
If, as I believe, the Texas specialty plate program created a limited public forum, private speech may be excluded if it is inconsistent with the purpose of the forum.
But that is exactly what Texas did here. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and The procedural disposition e.
InTexas replaced the Lone Star with a small silhouette of the State. In the alternative, drivers may choose from an assortment of specialty license plates. In this case, the Texas Division of the Sons of Confederate Veterans proposed a specialty license plate design featuring a Confederate battle flag.
It was therefore clear that private parties, and not only the government, used the system to communicate.
Because the State is speaking on its own behalf, the First Amendment strictures that attend the various types of government-established forums do not apply. That was pure viewpoint discrimination. First, the state legislature may specifically call for the development of a specialty license plate.
Pleasant Grove City v. There, the messages were located in a context advertising space that is traditionally available for private speech.
Texas, too, has selected various messages to communicate through its license plate designs. Quimbee is one of the most widely used and trusted sites for law students, serving more than 97, law students since In Augustthe Texas division of the Sons of Confederate Veterans (Texas SCV), a non-profit organization that works to preserve the memory and reputation of soldiers who fought for the confederacy in the Civil War, applied to have a new specialty license plate issued by the Texas Department of Motor Vehicles (TDMV).
Sons of Confederate Veterans, Inc. v. Vandergriff, F.3d(5th Cir. ). Judge Prado wrote the majority opinion and was joined by Judge Elrod. That court too held that the Texas specialty plates constitute private speech, but found that by refusing to approve the SCV’s design, Texas had engaged in unconstitutional viewpoint.
Texas Division, Sons of Confederate Veterans, Inc. 1 a closely divided Court upheld the decision of the Texas Department of Motor Vehicles Board (“Board”) to reject the respondents’ proposed license plate design featuring a confederate flag.
2 The respondents argued that, in light of the wide range of specialty license plate designs. Brief of respondents Texas Division, Sons of Confederate Veterans, Inc., et al.
in opposition filed. Oct 21 Reply of petitioners John Walker, III, in His Official Capacity as Chairman of the Board, et al. filed. (Distributed) Oct 22 DISTRIBUTED for Conference of November 7, Nov 10 DISTRIBUTED for Conference of.
Walker v. Texas Division, Sons of Confederate Veterans Except the Sons of Confederate Veterans. Their design, (This is not a case about obscenity, incitement, “true threat,” or one of. WALKER v. TEXAS DIV., SONS OF () TEXAS DIVISION, SONS OF CONFEDERATE VETERANS This Court’s precedents regarding government speech provide the appropriate framework through which to approach the case.
Pp. 6– (1) The same analysis the Court used in Summum—to conclude that a city “accepting a privately .Download