Walker v. Texas Div., Sons of Confederate Veterans, Inc.

Background

The case involves the Texas Division of the Sons of Confederate Veterans, a nonprofit, which applied for a specialty license plate showing a Confederate battle flag. The Texas Department of Motor Vehicles Board rejected the design after public comments said many people found the flag offensive. SCV sued, arguing the refusal violated the Free Speech Clause, and the Fifth Circuit ruled the specialty plates were private speech and that the Board had engaged in viewpoint discrimination; the Supreme Court granted review and considered the legal question.

Reasoning

The central question was whether specialty plate designs are government speech or private speech. The Court relied on its decision in Pleasant Grove City v. Summum and found that license plates have long conveyed state messages, that each Texas plate prominently bears TEXAS, and that the State owns and exercises final approval over designs. Because the State exercises control and the plates function as government-issued identification, the Court concluded the designs constitute government speech, so the Free Speech Clause does not bar Texas from refusing the SCV design.

Real world impact

As a practical matter, the ruling allows States to control which specialty plate messages they issue. Private organizations cannot force a State to carry a controversial symbol on official plates. The decision reverses the Fifth Circuit and upholds the Board's authority to approve or deny plate designs under Texas law.

Dissents or concurrances

Justice Alito's dissent argued the plates are private speech sold as space to private groups, and that rejecting the SCV plate was impermissible viewpoint discrimination.