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Constitutional Law Keyed to Choper
Walker v. Texas Division, Sons of Confederate Veterans, Inc.
Citation:
___ U.S. ____, 135 S.Ct. 2239, 192 L.Ed.2d 274 (2015).Facts
In August 2009, the Texas division of the Sons of Confederate Veterans (Texas SCV) applied to have a new specialty license plate issued by the Texas Department of Motor Vehicles (Texas DMV). The proposed license plate had two confederate flags on it: one in the organization’s logo, and one as the background of the plate. The Texas DMV had a policy stating that it “may refuse to create a new specialty license plate if the design might be offensive to any member of the public.” The board in charge of approving new specialty plates received multiple negative comments from the public regarding this plate and ultimately voted to deny Texas SCV’s application. Texas SCV brought suit claiming that their First Amendment rights were violated.
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