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License Plates – Gov’t Speech or Forum Analysis

License Plates – Gov’t Speech or Forum Analysis. State of Illinois recently recalled vanity plates of a family w/ their last name on it “Udink1,” “Udink2” . . . because the license plates could be construed as saying something offensive – derogatory sexual and racial epithet

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License Plates – Gov’t Speech or Forum Analysis

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  1. License Plates – Gov’t Speech or Forum Analysis • State of Illinois recently recalled vanity plates of a family w/ their last name on it “Udink1,” “Udink2” . . . because the license plates could be construed as saying something offensive – derogatory sexual and racial epithet • In general there aren’t a lot of rules about vanity plates which people are allowed to apply for. But the state does have authority to “refuse any license plates bearing a combination of letters or numbers that . . . creates a connotation that is offensive to good taste and decency.” • The Udink family wants their license plates back – do they have a claim that the state has violated the 1A by removing/refusing their license plates?

  2. Vanity License Plates - Gov’t speech or public forum • Can the state claim the license plates are gov’t speech? • Discernable message? Gov’t as patron? Gov’t control/attribution? • What kind of forum? • Designated? Limited? Non-public? • What kind of exclusion – SM or VP? • What if the license plate the gov’t “banned” said: • IMGAY or LESBIAN • GOVTSUX • What kind of exclusion is that?

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