Customized vanity license plates, an expression of personal sentiment, often highlight the delicate balance between free speech and public decency regulation. While many view these personal messages on state-issued plates as the purchaser’s statement, governments frequently argue they have an obligation to “protect” other drivers from potentially offensive expressions.
For their part, state entities tend to err on the side of absurd caution by rejecting any plate deemed “offensive” by government content moderators. Naturally, these disparate viewpoints have led to multiple lawsuits from disgruntled buyers, whose chosen plates end up denied based on reasons most governments struggle to elucidate properly.
South Dakota, in particular, is facing scrutiny for its vanity plate policy, with inconsistencies cited by the American Civil Liberties Union (ACLU), such as some messages allowed while others are banned according to South Dakota Searchlight. These inconsistencies, deemed arbitrary and therefore potentially unconstitutional, call into question vehicle license plate approvals and the criteria used to determine “good taste” in personal expressions.
The ACLU is now involved in the apparent state censorship case and seeks to defend South Dakota drivers who have stirred controversy with their cheeky vanity plate requests. Resident Lyndon Hart’s request for a plate reading “REZWEED,” in reference to the localized medical marijuana supply, was rejected – a decision that has provoked ACLU’s intervention. In a letter, the ACLU demanded the state Motor Vehicle Division approve applications denied on grounds of “offensive connotations.”
Governments are, of course, free to set speech standards; however, these standards must be applied consistently, which is the not the case currently, as explained by the ACLU. The result is that the state now faces a choice: align the rules with First Amendment rights or be prepared to face a federal lawsuit. Precedent suggests the latter may be imminent if changes are not made.
Further reading on Techdirt reveals a range of law-related stories worth noting: