Wooley v. Maynard

Background

A New Hampshire law required noncommercial passenger cars to display the state motto "Live Free or Die," and another statute made it a crime to obscure letters or words on a plate. George and Maxine Maynard, who are Jehovah’s Witnesses, found the motto morally and religiously offensive and began covering it on their cars. After Mr. Maynard was cited and prosecuted several times, the couple sued in federal court under a civil rights law seeking to stop future prosecutions and to avoid displaying the motto.

Reasoning

The Supreme Court held that the First Amendment protects not only speaking but also the right to refuse to speak, including refusal to be used to spread an ideological message on private property. The Court did not rely on whether covering the motto was "symbolic speech," but instead found it unconstitutional to force people to display a state ideological message when less restrictive means existed. The State argued the motto helped officers identify passenger plates and promoted state pride, but the Court found those interests insufficient to justify forcing private citizens to carry the slogan and affirmed the injunction against prosecution.

Real world impact

The ruling prevents New Hampshire from criminally punishing these drivers for obscuring the motto on their passenger plates and protects similar refusals to display state slogans on private cars. The District Court did not order the State to issue special motto-free plates, and the Court noted it was not deciding questions about national slogans on currency.

Dissents or concurrances

Several Justices dissented in part, arguing the injunction was an improper intrusion on state law enforcement and that displaying a license plate is not the same as being forced to affirm a belief.