Free Speech rights and your License Plates

Anyone who has applied for a vanity license plate knows that the DMV won't allow certain combinations of letters (or words).  Their policy often cites "public policy" or "safety" of our transportation system and citizens, or that a particular plate would be "offensive".

Recently in Michigan, a citizen sued the Secretary of State in Federal Court over an overbroad censorship of what could be allowed on license plates.  Guess what?  The Citizen won!  In fact, two Citizens won.

David DeVarti sued the MI Secretary of stated for the denial of his request for a "WAR SUX" license plate. The state defended their denial, arguing that "SUX" carries a sexual connotation inappropriate for a license plate.  The State in effect lost by settling the case.  The settlement required the state to issue the license plate AND to pay $21,500 in attorney fees to DeVarti.

Also, another lawsuit in Federal court asked for  issuance of the plate “INF1DL”.   It too, was initially rejected by the state, but after the lawsuit was filed, the state issued the license plate.

These are significant cases in that they go to the core of our First Amendment right to Free Speech.  There are certain times when certain speech should be restricted, but clearly the State of Michigan had gone too far in their restriction of free speech on your license plates.