Thursday, May 16, 2024

Delaware’s vanity licence plate program is unconstitutional because it allows officials to discriminate against certain viewpoints when deciding whether to approve applications, a federal judge has ruled.



Although the lawsuit stemmed from Overington’s feelings about cancer, it exposed how the Division of Motor Vehicles has handled attempts by drivers to express themselves, including those taking aim at President Joe Biden with “Let’s Go Brandon” criticisms.

In ruling for Overington, Judge Gregory Williams rejected the DMV's arguments that the alphanumeric combination of letters and numbers on vanity plates constitutes “government speech” and can be regulated as officials see fit.

“This court agrees with the majority of courts on this issue,” wrote Williams, declaring that Delaware’s regulations permit viewpoint discrimination and are unconstitutionally overbroad and arbitrarily enforced.

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