Legal Question in Constitutional Law in Missouri

Obscene Licenses Plate

Can a vanity plate application be turned down because its message is an unprotected form of speech?


Asked on 2/17/04, 2:21 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Obscene Licenses Plate

Yes.

It is not entirely clear whether obscenity is "unprotected" as you say or simply much less protected than ordinary speech, but either way it can at least be heavily regulated.

I don't think any text short enough to fit on a license plate can truly be called obscene, but some would qualify as profane and profanity may also be regulated, albeit to a much lesser extent than obscenity.

States are not required to accept requests for license plates containing profanity, and none of them do.

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Answered on 2/17/04, 2:59 pm
Regina Mullen Legal Data Services, PLC

Re: Obscene Licenses Plate

Absolutely. The government is under NO obligation to aid offensive speech, and certainly you would be not able to use speech that you admit to be obscene.

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Answered on 2/17/04, 6:39 pm


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