Confederate flag license plates rejected by the state of Texas are at the heart of a Supreme Court challenge beginning Monday.
Reuters reported via The Huffington Post that many states generate significant revenue by allowing citizen groups to propose specialty license plates that carry a fee to obtain. The group Sons of Confederate Veterans proposed a license plate featuring a Confederate flag emblem, similar to designs approved by other Southern states.
The group said the plates — which some see as a source of pride and others see as racist — are protected by the First Amendment right to free speech.
Because of such reasoning, the group has garnered the support of the American Civil Liberties Union, anti-abortion groups, Americans United for Separation of Church and State, and more.
"In a free society, offensive speech should not just be tolerated, its regular presence should be celebrated as a symbol of democratic health — however odorous the products of a democracy may be," the plaintiffs wrote in a court filing,
Fox News reported.
In support of the group, Judge Edward Prado of the 5th U.S. Circuit Court of Appeals in New Orleans wrote, "We understand that some members of the public find the Confederate flag offensive. But that fact does justify the [licensing] board's decision."
The defendants are likely to argue that state-issued license plates are not the speech of the individual, but the speech of the state.