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89 Tul. L. Rev. 921 (2014-2015)

handle is hein.journals/tulr89 and id is 979 raw text is: The South Will Ride Again: License Plates and First Amendment Speech in Texas Division, Sons of Confederate Veterans, Inc. v Vandergiff I. INTRODUCTION ............................................................................ 921 II. B ACKGROUND .............................................................................. 923 III. COURT'S D ECISION ...................................................................... 926 IV A NALY SIS ..................................................................................... 930 I. INTRODUCTION Within the realm of American automotive self-expression, the allure of personalized license plates cannot be denied. In the state of Texas, drivers so inclined may choose from over 300 approved specialty licensed plates to display on their vehicles or, alternatively, apply for a new design to be featured.' The Texas Division of the Sons of Confederate Veterans (Texas SCV), a nonprofit organization that strives to honor the memory and character of the soldiers who fought for the Confederate Army, applied to the Texas Department of Transportation for approval of a new specialty license plate.2 The proposed plate design prominently displays two Confederate flags as well as the outline of the state of Texas.' After two disputed votes held by the controlling panel, the Texas Department of Transportation denied Texas SCV's application.' Thereafter, the Texas Department of Motor Vehicles (Board) assumed responsibility for the administration of the specialty license plate program, and Texas SCV resubmitted its application using the same plate design After a deadlocked four-to- 1. Specialty License Plates TEx. DEP'T MOTOR VEHICLES, http://www.txdmv.gov/ motorists/license-plates/specialty-license-plates (last visited Mar. 1, 2015). Drivers may choose from a plethora of designs, but naturally, some (Dallas Cowboys) are more popular than others (Save Texas Ocelots). 2. Tex. Div., Sons of Confederate Veterans, Inc. v. Vandergriff, 759 F3d 388, 390-91 (5th Cir.), cert. granted sub nom. Walker v. Tex. Div., Sons of Confederate Veterans, Inc., 135 S. Ct. 752 (2014). 3. Id. (Texas SCV's proposed plate features the SCV logo, which is a Confederate battle flag framed on all four sides by the words 'Sons of Confederate Veterans 1896.' A faint Confederate flag also appears in the background of the proposed plate. The word 'Texas' is at the top of the plate in bold text, and 'Sons of Confederate Veterans' runs in capitalized letters along the bottom of the plate. An outline of the state of Texas appears in the top, right corner of the proposed plate.). 4. Id. at 391. 5. Id.

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