South Dakota officials have reached a settlement in a lawsuit filed by the American Civil Liberties Union (ACLU), agreeing to no longer deny applications for personalized license plates based on their offensive nature. The state admitted that the ban on offensive messages violated free speech rights, marking a victory for individual expression.
The lawsuit was filed on behalf of Lyndon Hart, who had his application for a vanity plate reading “REZWEED” denied by state officials, who deemed it to be “in bad taste.” Hart, who runs a business called Rez Weed Indeed that supports the legal selling and use of marijuana on Native American reservations, intended for the plate to promote his business and tribal sovereignty.
U.S. District Judge Roberto Lange declared the section of the law allowing for denial of personalized plates based on decency to be unconstitutional. In his order, Judge Lange stated that the unconstitutional clause cannot be used to issue or recall personalized plates. As part of the settlement, the state agreed to issue the “REZWEED” plate to Hart, along with two other plates, “REZSMOK” and “REZBUD,” that will not be recalled as long as personalized plates are permitted by the legislature.
The victory for free speech rights also highlights the dangers of allowing the government to dictate what speech is allowed and what should be censored, according to Stephanie Amiotte, legal director of the ACLU of South Dakota. License plates have been recognized by federal courts as a legitimate form of personal and political expression, and similar laws in other states have been struck down.
The settlement requires South Dakota officials to make a public statement announcing the changes to vanity plate standards by December 15th. However, as of Tuesday morning, this statement had not yet been posted on the South Dakota Department of Revenue’s website. Requests for comment from state officials went unanswered.
This settlement follows other recent developments regarding vanity license plates across the country. In January, North Carolina expanded its allowance of LGBTQ+ phrases on vanity plates, while other states such as Delaware, Oklahoma, and Georgia have faced lawsuits over their restrictions.
The lifting of the ban on offensive vanity license plates in South Dakota is a significant step towards protecting free speech rights and recognizing the importance of individual expression. It serves as a reminder that the government should not have the authority to determine what speech is acceptable, especially when it comes to personal and political expression on license plates.
