Supreme Court to Hear First Amendment Lawsuit Over Confederate Flag License Plates

Veronica Elliot Monday, March 23, 2015

The design of a proposed ''Sons of the Confederacy'' Texas state license plate is shown in this handout illustration provided by the Texas Department of Motor Vehicles March 20, 2015. | (Photo: Reuters handout via Texas Department of Motor Vehicles)

The Supreme Court will begin hearing arguments this week as to whether it is a violation of First Amendment rights to prevent a Texas group from having the Confederate flag symbol printed on state license plates.

The Texas chapter of the Sons of Confederate Veterans reportedly sued the state of Texas after it was prevented from having its logo, which includes a Confederate flag, placed on state license plates. Nine other states have been able to have the Sons of Confederate Veterans moto placed on their license plates if they choose.

While the group argues that the state is violating their First Amendement rights to free speech and their expression of southern pride, the state of Texas argues that the Confederate flag on license plates is offensive, as many Americans associate the flag with slavery.

According to The New York Times, the state's board for the department of motor vehicles determined in 2011 that the Confederate flag image would be blocked from being allowed on Texas license plates.

"A significant portion of the public," the board said at the time, "associates the Confederate flag with organizations advocating expressions of hate directed toward people or groups that is demeaning to those people or groups."

After the board rejected the plate in 2011, the Sons of Confederate Veterans sued, and their case now sits at the Supreme Court after rounds in lower courts over the past few years.

Those in support of the Confederate flag icon argue that the department of motor vehicles does not have the authority to deny the flag, as the state of Texas allows the Confederacy to be celebrated in a multitude of other ways, including the celebration of Confederate Heroes day and Confederate battle monuments present at the state Capitol in Austin.

"The Department of Motor Vehicles does not have the authority to second-guess the Legislature on whether or not to honor Confederate veterans since the Legislature has already decided that the other way," R. James George Jr., the attorney representing the Sons of Confederate Veterans, told NPR.

The Supreme Court will begin hearing arguments for the case Monday.