- WASHINGTON (AP) - The Supreme
Court passed up a chance today to decide whether states have wide discretion
to keep crude or contentious messages off personalized license plates.
-
- That means Mary Lewis gets to keep her Missouri plate,
"ARYAN-1.''
-
- For nearly two decades the state and Lewis have battled
over her right to post that on her bumper.
-
- Drivers in every state have the option of choosing a
personal message for their plate, if they pay extra. Thousands of cars
have tags with drivers' names, colleges and favorite sports teams.
-
- The Supreme Court was asked if states that allow tags
to become message boards can also censor them. Justices declined, without
comment, to review Missouri's appeal.
-
- Missouri leaders argue that some six-letter combinations
can invoke road rage and are a public safety issue.
-
- The word "Aryan'' is considered by many to be inflammatory
because Adolf Hitler used it to describe a superior race.
-
- The Missouri law, revised after Lewis won an initial
legal fight to get her tag, says plates cannot be "obscene, profane,
inflammatory or contrary to public policy.'' Twenty-five states ban "offensive''
messages, and other states have varying standards.
-
- Missouri went too far by adding the ``contrary to public
policy'' standard, the 8th U.S. Circuit Court of Appeals said. A public
official with ``even marginal creative ability'' could come up with reasons
to turn down choices under that vague term, the court ruled.
-
- The appeals court also said that fears about reactions
from other drivers were not enough to censor Lewis' speech. ``The First
Amendment knows no heckler's veto,'' the court said.
-
- Lewis first sought the license plate "ARYAN-1''
in 1983 but was turned down. She later won the right to get the tag. After
the law was changed, she was notified that her message was contrary to
public policy.
-
- Her lawyer, Robert Herman, told the Supreme Court in
filings that Missouri has allowed other drivers to list on plates religions,
national origin, political beliefs and ethnic heritage. He criticized the
state's "standardless and therefore virtually unlimited discretion
to prohibit and punish public politically unacceptable speech.''
-
- Attorney General Jay Nixon said in filings that "prudent
government officials'' should be able to consider restricting speech on
state license plates that threatens public safety.
-
- He said the case puts in jeopardy license plate restrictions
in all 50 states and could lead to multiple lawsuits.
-
- Nixon said the 25 states that bar "offensive'' plates
are: Alabama, Alaska, Arizona, Colorado, Illinois, Indiana, Kentucky, Louisiana,
Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, Oklahoma,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah,
Vermont, Washington, West Virginia and Wisconsin.
-
- Missouri collects more than $2 million a year from the
fees on license plates, also known as vanity tags.
-
- The case is Fischer v. Lewis, 01-802.
-
- © Copyright 2002 Star Tribune. All rights reserved.
Associated Press Apr 15 2002 12:00AM
-
- WASHINGTON -- The Supreme Court passed up a chance today
to decide whether states have wide discretion to keep crude or contentious
messages off personalized license plates.
-
- That means Mary Lewis gets to keep her Missouri plate,
"ARYAN-1.''
-
- For nearly two decades the state and Lewis have battled
over her right to post that on her bumper.
-
- Drivers in every state have the option of choosing a
personal message for their plate, if they pay extra. Thousands of cars
have tags with drivers' names, colleges and favorite sports teams.
-
- The Supreme Court was asked if states that allow tags
to become message boards can also censor them. Justices declined, without
comment, to review Missouri's appeal.
-
- Missouri leaders argue that some six-letter combinations
can invoke road rage and are a public safety issue.
-
- The word "Aryan'' is considered by many to be inflammatory
because Adolf Hitler used it to describe a superior race.
-
- The Missouri law, revised after Lewis won an initial
legal fight to get her tag, says plates cannot be "obscene, profane,
inflammatory or contrary to public policy.'' Twenty-five states ban "offensive''
messages, and other states have varying standards.
-
- Missouri went too far by adding the "contrary to
public policy'' standard, the 8th U.S. Circuit Court of Appeals said. A
public official with "even marginal creative ability'' could come
up with reasons to turn down choices under that vague term, the court ruled.
-
- The appeals court also said that fears about reactions
from other drivers were not enough to censor Lewis' speech. "The First
Amendment knows no heckler's veto,'' the court said.
-
- Lewis first sought the license plate "ARYAN-1''
in 1983 but was turned down. She later won the right to get the tag. After
the law was changed, she was notified that her message was contrary to
public policy.
-
- Her lawyer, Robert Herman, told the Supreme Court in
filings that Missouri has allowed other drivers to list on plates religions,
national origin, political beliefs and ethnic heritage. He criticized the
state's "standardless and therefore virtually unlimited discretion
to prohibit and punish public politically unacceptable speech.''
-
- Attorney General Jay Nixon said in filings that "prudent
government officials'' should be able to consider restricting speech on
state license plates that threatens public safety.
-
- He said the case puts in jeopardy license plate restrictions
in all 50 states and could lead to multiple lawsuits.
-
- Nixon said the 25 states that bar "offensive'' plates
are: Alabama, Alaska, Arizona, Colorado, Illinois, Indiana, Kentucky, Louisiana,
Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, Oklahoma,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah,
Vermont, Washington, West Virginia and Wisconsin.
-
- Missouri collects more than $2 million a year from the
fees on license plates, also known as vanity tags.
-
- The case is Fischer v. Lewis, 01-802.
-
- © Copyright 2002 Star Tribune. All rights reserved.
|
