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South Dakota Looks Like It Might Be The Next State Asked To Explain Its Stupid Vanity Plate Laws To A Federal Court

www.techdirt.com South Dakota Looks Like It Might Be The Next State Asked To Explain Its Stupid Vanity Plate Laws To A Federal Court

Governments are weird. Maybe “weird” isn’t the right word. The more accurate word may be “opportunistic.” When it comes to speech they don’t like, they move into…

South Dakota Looks Like It Might Be The Next State Asked To Explain Its Stupid Vanity Plate Laws To A Federal Court

Governments are weird. Maybe “weird” isn’t the right word. The more accurate word may be “opportunistic.” When it comes to speech they don’t like, they move into this mode. If they think they can silence it, they will try to. And they’ll do this while still pretending the speech they’re trying to control is nothing more than their own.

Dig if you will, my brothers: vanity plates. Government speech or personal speech? Those who view this rationally likely believe that the message on a vanity license plate is the expression of the plate’s purchaser. That it’s delivered by a state-issued plate doesn’t matter. We don’t actually believe the government is trying to send a message with their IMGOD or COPSLIE or LOVETOFU vanity plate. (ALL ACTUAL CASES.)

Instead, we would logically infer the truncated statement on the vanity plate expresses the views of the person paying for this privilege.

But the government also believes it has some obligation to “protect” other drivers from being offended by the personal expressions of others, which is a supremely ridiculous belief to entertain, even professionally. So, the entities issuing plates tend to err on the side of absurdity (governments tend to phrase this as “caution”), rejecting any plate any government plate content moderator might view as “offensive.”

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