License Plates and Public Signs: Government First Amendment Speech (CRS Report for Congress)
| Release Date |
July 29, 2015 |
| Report Number |
LS_2015-07-29_01 |
| Report Type |
Legal Sidebar |
| Authors |
Jeffrey Clark |
| Source Agency |
Congressional Research Service |
Summary:
On June 18, 2015, the Supreme Court issued two First Amendment opinions, 'Walker v. Texas Division, Sons of Confederate Veterans', and 'Reed v. Town of Gilbert', which at first glance may seem contradictory. While the 9-0 'Reed' decision limits the state's power to regulate signs based on content, the 5-4 'Walker' decision allows the government to restrict content that appears on customized license plates. Understanding these two decisions becomes easier when looking at the decisions in the context of what questions each case brought before the Court. Although both cases appear to deal with the government's ability to regulate speech based on its content, the two differ greatly with regard to the question of whose speech is at issue. 'Walker' presented the Court with the question of whether state-issued specialty license plates qualify as government speech immune from First Amendment scrutiny. 'Reed', on the other hand, presented the court with the question of whether the government may reasonably restrict speech based upon its content if the regulations are enacted for reasons other than content-discrimination.
