Fourth Circuit: Anti-Cop License Plates Protected Speech

• The Fourth Circuit Court of Appeals has ruled that vanity license plates are protected private speech under the First Amendment.
• The decision was influenced by two landmark Supreme Court cases: Matal v. Tam and Walker v. Texas Division, Sons of Confederate Veterans.
• This ruling has significant implications for drivers in Virginia and potentially other states, as it sets a precedent for personalized license plates to be considered protected speech.

The Fourth Circuit Court of Appeals has made history by becoming the first federal appeals court to weigh in on whether vanity license plates are private or government speech. In a significant ruling, the court sided with Virginia driver Curtis Whateley, who had challenged the Department of Motor Vehicles' (DMV) recall of his personalized license plate, 'FTP&ATF.' The plate, which stands for 'Fuck the police and the Bureau of Alcohol, Tobacco, Firearms and Explosives,' was deemed too profane by the DMV. However, the Fourth Circuit disagreed, ruling that personalized license plates are protected private speech under the First Amendment. This decision has far-reaching implications for drivers in Virginia and potentially other states.

The court's decision was influenced by two landmark Supreme Court cases: Matal v. Tam and Walker v. Texas Division, Sons of Confederate Veterans. In Matal v. Tam, the Supreme Court held that trademarks are private, not government, speech. Similarly, in Walker, the court ruled that specialty license plate designs constitute government speech. The Fourth Circuit applied these precedents to conclude that personalized license plates are also protected by the First Amendment. Judge Pamela Harris, writing for the panel, emphasized that the expressive nature of Whateley's personalized character combination is clear and should be treated as private speech.

This ruling has significant implications for drivers in Virginia and potentially other states. With the Fourth Circuit's decision, it is now clear that personalized license plates can be considered protected speech under the First Amendment. This means that drivers have more freedom to express themselves through their license plates, as long as they do not contain profanity or other prohibited content. The American Civil Liberties Union of Virginia hailed the ruling as a victory for free speech rights and noted that it reaffirms protections for the nearly one million drivers in Virginia who have exercised their right to personalized license plates.

This ruling has significant implications for drivers in Virginia and potentially other states, as it sets a precedent that personalized license plates can be considered protected speech under the First Amendment. Lawyers advising clients on compliance with DMV regulations should be aware of this development and consider its potential impact on their clients' rights.

Source: Original reporting via Courthouse News Service