Virginia challenges license-plate revocation, claiming First Amendment protection
A Virginia driver is contesting the state's removal of his offensive vanity plate, arguing it constitutes private speech protected by the First Amendment.
Curtis M. Whateley obtained a customized Virginia license plate in 2023, which later attracted an anonymous complaint labeling it offensive. In response, the Virginia DMV's Personalized Plate Review Board voted to recall the plate under statutes prohibiting profane or violent-encouraging messages. Whateley filed a First Amendment suit against the DMV commissioner, but a district court had dismissed it, treating the plates as government speech.
The U.S. Court of Appeals for the 4th Circuit reversed that ruling, declaring vanity plates to be private expression entitled to First Amendment safeguards. The appellate panel emphasized that the state's approval authority resembles regulation of private speech rather than government messaging. Virginia intends to petition the Supreme Court for a review of the decision, highlighting the broader implications for state control over vanity plates. Legal experts note that similar disputes have produced mixed outcomes across the country.
Why it matters
The ruling could reshape how states balance free speech with public standards on personalized license plates.
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