Confederate Flag License Plates Outlawed In Texas, SCOTUS Ruling Says Free Speech Rules Do Not Apply

Confederate flag license plates may soon be outlawed in many states. The U.S. Supreme Court ruled that states can prohibit images of the Civil War-era flag on specialty license plates. Opponents of the ruling largely feel that First Amendment free speech rights are being infringed upon by the recent decision.

The U.S. Supreme Court ruled in a 5-4 decision that the specialty license plate program in Texas is a “type of government speech,” and the First Amendment does not prohibit the state from rejecting images such as the Confederate flag.

Justice Steven Breyer said that the state was “entitled to refuse to issue plates featuring SCV’s proposed design,” when writing the majority decision. SCV refers to the Sons of Confederate Veterans. The group had posed a legal challenge over the Confederate flag specialty license plate denial. The refusal was allegedly issued because some Texas residents reportedly feel the Confederate flag represents “division” and “racism.”

Some state may begin offering a “menu of sanctioned” specialty license plates and stop accepting design and phrasing proposals from the public. A “Choose Life” license plate sparked ire from abortion supporters, and legal challenge is slated to be heard before the Supreme Court. An LGBT plate has also prompted heated debate by lawmakers in Indiana. Funds from specialty license plate sells typically get divided between the sponsoring non-profit group and the issuing state.

Before the U.S. Supreme Court heard the Walker v. Texas Division, Sons of Confederate Veterans case, four federal appeals courts had ruled in favor of free speech. One federal appeals court ruled that specialty license plate messages were a form of government speech and not entitled to First Amendment protections.

Sons of Confederate Veterans specialty plates first appeared in Mississippi in 2003. Funds generated from the purchase of the plates reportedly helped restore Civil War-era flags. Confederate flag license plates are currently sold in eight other states: Alabama, Georgia, Maryland, Louisiana, North Carolina, South Carolina, Tennessee, and Virginia.

The Confederate flag license plate was reportedly the first specialty plate to ever be turned down by the Department of Motor Vehicles Board. The plate depicted a flag framed by the words “Sons of Confederate Veterans 1896.” If the plate was permitted to be sold, proceeds from sales were reportedly slated to go toward onging preservation and education efforts, and for a youth camp run by the group where teens are taught how to fire muskets and cannons.

[Image via Shutterstock]