Wooley v. Maynard | |
---|---|
![]() | |
Argued November 29, 1976 Decided April 20, 1977 | |
Full case name | Neal R. Wooley v. George Maynard |
Citations | 430 U.S. 705 ( more ) 97 S. Ct. 1428; 51 L. Ed. 2d 752; 1977 U.S. LEXIS 75 |
Argument | Oral argument |
Case history | |
Prior | Maynard v. Wooley, 406 F. Supp. 1381 (D.N.H. 1976), probable jurisdiction noted, 426 U.S. 946(1976). |
Holding | |
New Hampshire could not constitutionally require citizens to display a state motto that went against an individual's morality upon their vehicle license plates. | |
Court membership | |
| |
Case opinions | |
Majority | Burger, joined by Brennan, Stewart, Marshall, Powell, Stevens; White (in part) |
Dissent | White (in part), joined by Blackmun, Rehnquist (in part) |
Dissent | Rehnquist, joined by Blackmun |
Laws applied | |
U.S. Const. amend. I |
Wooley v. Maynard, 430 U.S. 705 (1977), was a case in which the Supreme Court of the United States held that New Hampshire could not constitutionally require citizens to display the state motto upon their license plates when the state motto was offensive to their moral convictions. [1]
This case has been praised by legal scholars as a check against compelled speech by the government and a strong protection of symbolic speech in the form of covering up government speech on private property. [2] [3]
Since 1969 New Hampshire had required that noncommercial vehicles bear license plates embossed with the state motto, "Live Free or Die". [4] Another New Hampshire statute made it a misdemeanor "knowingly [to obscure] ... the figures or letters on any number plate". [5] The term "letters" in this section had been interpreted by the State's highest court in State v. Hoskin to include the state motto. [6]
George Maynard and his wife, followers of the Jehovah's Witnesses faith (albeit disfellowshipped), [7] viewed the motto as repugnant to their moral, religious, and political beliefs, and for this reason, they covered up the motto on the license plates of their jointly owned family automobiles. On November 27, 1974, Maynard was issued a citation for violating the state statutes regarding obscuring of the state motto.
On December 6, 1974, Maynard appeared pro se in Lebanon District Court to answer the charge. After waiving his right to counsel, he entered a plea of not guilty and proceeded to explain his religious objections to the motto. "[B]y religious training and belief, I believe my 'government – Jehovah's Kingdom – offers everlasting life. It would be contrary to that belief to give up my life for the state, even if it meant living in bondage. ... [T]his slogan is directly at odds with my deeply held religious convictions ... I also disagree with the motto on political grounds. I believe that life is more precious than freedom." [1] The state trial judge expressed sympathy for Maynard's situation, but considered himself bound by the authority of State v. Hoskin, 112 N.H. 332 (1972), [8] to hold Maynard guilty. The court imposed a $25 fine, but suspended it during "good behavior".
On December 28, 1974, Maynard was again charged with violating 262:27-c. He appeared in court on January 31, 1975, and again chose to represent himself; he was found guilty, fined $50, and sentenced to six months in the Grafton County House of Corrections. The court suspended this jail sentence but ordered Maynard to also pay the $25 fine for the first offense. Maynard informed the court that, as a matter of conscience, he refused to pay the two fines. The court thereupon sentenced him to jail for a period of 15 days. He served the full sentence.
Prior to trial on the second offense Maynard was charged with yet a third violation of 262:27-c on January 3, 1975. He appeared on this complaint on the same day as for the second offense, and was, again, found guilty. This conviction was "continued for sentence" so that Maynard received no punishment in addition to the 15 days.
On March 4, 1975, the Maynards sued in the United States District Court for the District of New Hampshire, seeking injunctive and declaratory relief against enforcement of N. H. Rev. Stat. Ann. 262:27-c, 263:1, insofar as these required displaying the state motto on their vehicle license plates, and made it a criminal offense to obscure the motto. On March 11, 1975, the District Court issued a temporary restraining order against further arrests and prosecutions of the Maynards. Because the appellees sought an injunction against a state statute on grounds of its unconstitutionality, a three-judge District Court was convened pursuant to 28 U.S.C. 2281. Following a hearing on the merits, the District Court entered an order enjoining the State "from arresting and prosecuting [the Maynards] at any time in the future for covering over that portion of their license plates that contains the motto 'Live Free or Die'".
The Governor of New Hampshire chose to appeal to the United States Supreme Court, and it accepted the case.
In a 6–3 decision, the Court held that New Hampshire could not constitutionally require citizens to display the state motto upon their vehicle license plates. Chief Justice Burger, writing for the Court, found that the statute in question effectively required individuals to "use their private property as a 'mobile billboard' for the State's ideological message". The Court held that the State's interests in requiring the motto did not outweigh free speech principles under the First Amendment, including "the right of individuals to hold a point of view different from the majority and to refuse to foster ... an idea they find morally objectionable". The state's interest in motor vehicle identification could be achieved by "less drastic means", and its interest in fostering state pride was not viewpoint-neutral.
Justice Rehnquist wrote a dissenting opinion in which Justice Blackmun joined. Rehnquist wrote that
For First Amendment principles to be implicated, the State must place the citizen in the position of either apparently or actually "asserting as true" the message. This was the focus of Barnette [ West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)], and clearly distinguishes this case from that one.
In holding that the New Hampshire statute does not run afoul of our holding in Barnette, the New Hampshire Supreme Court ... aptly articulated why there is no required affirmation of belief in this case:
The defendants' membership in a class of persons required to display plates bearing the State motto carries no implication and is subject to no requirement that they endorse that motto or profess to adopt it as matter of belief.As found by the New Hampshire Supreme Court in Hoskin, there is nothing in state law which precludes appellees from displaying their disagreement with the state motto as long as the methods used do not obscure the license plates. Thus appellees could place on their bumper a conspicuous bumper sticker explaining in no uncertain terms that they do not profess the motto "Live Free or Die" and that they violently disagree with the connotations of that motto. Since any implication that they affirm the motto can be so easily displaced, I cannot agree that the state statutory system for motor vehicle identification and tourist promotion may be invalidated under the fiction that appellees are unconstitutionally forced to affirm, or profess belief in, the state motto.
The First Amendment to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.
"Live Free or Die" is the official motto of the U.S. state of New Hampshire, adopted by the state in 1945. It is possibly the best-known of all state mottos, partly because it conveys an assertive independence historically found in American political philosophy and partly because of its contrast to the milder sentiments found in other state mottos.
"In God We Trust" is the official motto of the United States as well as the motto of the U.S. state of Florida, along with the nation of Nicaragua. It was adopted by the U.S. Congress in 1956, replacing E pluribus unum, which had been the de facto motto since the initial design of the Great Seal of the United States.
Pierce v. Society of Sisters, 268 U.S. 510 (1925), was a landmark decision of the United States Supreme Court striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties. The case has been cited as a precedent in more than 100 Supreme Court cases, including Roe v. Wade, and in more than 70 cases in the courts of appeals.
People v. Freeman was a criminal prosecution of Harold Freeman, a producer and director of pornographic films, by the U.S. state of California. Freeman was charged in 1987 with pandering - procurement of persons "for the purpose of prostitution" - under section 266i of the Cal. Penal Code for hiring adult actors, which the prosecution characterized as pimping. The prosecution was part of an attempt by California to shut down the pornographic film industry. The prosecution's characterization was ultimately rejected on appeal by the California Supreme Court. Prior to this decision, pornographic films had often been shot in secret locations.
In the United States, vehicle registration plates, known as license plates, are issued by a department of motor vehicles, an agency of the state or territorial government, or in the case of the District of Columbia, the district government. Some Native American tribes also issue plates. The U.S. federal government issues plates only for its own vehicle fleet and for vehicles owned by foreign diplomats. Until the 1980s, diplomatic plates were issued by the state in which the consulate or embassy was located.
Wisconsin v. Mitchell, 508 U.S. 476 (1993), was a case in which the United States Supreme Court held that enhanced penalties for hate crimes do not violate criminal defendants' First Amendment rights. It was a landmark precedent pertaining to First Amendment free speech arguments for hate crime legislation. In effect, the Court ruled that a state may consider whether a crime was committed or initially considered due to an intended victim's status in a protected class.
Goss v. Lopez, 419 U.S. 565 (1975), was a US Supreme Court case. It held that a public school must conduct a hearing before subjecting a student to suspension. Also, a suspension without a hearing violates the Due Process Clause of the Fourteenth Amendment of the US Constitution.
Cox v. New Hampshire, 312 U.S. 569 (1941), was a case in which the Supreme Court of the United States held that, although the government cannot regulate the contents of speech, it can place reasonable time, place, and manner restrictions on speech for the public safety. Here, the Court held that government may require organizers of any parade or procession on public streets to have a license and pay a fee.
The U.S. state of New Hampshire first required its residents to register their motor vehicles and display license plates in 1905. As of 2022, plates are issued by the New Hampshire Department of Safety through its Division of Motor Vehicles. Front and rear plates are required for most classes of vehicles, while only rear plates are required for motorcycles and trailers.
Welsh v. Wisconsin, 466 U.S. 740 (1984), was a 1983 case before the US Supreme Court determining that a warrantless home arrest without exigent circumstances violates the Fourth Amendment protection against unlawful search and seizure.
Gallagher v. Crown Kosher Super Market of Massachusetts, Inc., 366 U.S. 617 (1961), is a United States Supreme Court case that declared that a kosher butcher store had to abide by the state laws that banned them from selling on Sunday.
Smith v. Goguen, 415 U.S. 566 (1974), is a United States Supreme Court case in which the Court held that flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad.
Whitfield v. United States, 574 U.S. 265 (2015), was a United States Supreme Court case that concerned whether the forced accompaniment statute under 18 U.S.C. § 2113(e) applies when a bank, credit union, or savings/loan association robber, or attempted robber, forces someone to accompany them for any distance. Defense attorney Joshua B. Carpenter argued on behalf of the Petitioner, and Assistant to the Solicitor General Brian H. Fletcher argued on behalf of the Department of Justice.
Walker v. Texas Division, Sons of Confederate Veterans, 576 U.S. 200 (2015), was a United States Supreme Court case in which the Court held that license plates are government speech and are consequently more easily regulated/subjected to content restrictions than private speech under the First Amendment.
United States v. Antelope, 430 U.S. 641 (1977), was a United States Supreme Court case in which the Court held that American Indians convicted on reservation land were not deprived of the equal protection of the laws; (a) the federal criminal statutes are not based on impermissible racial classifications but on political membership in an Indian tribe or nation; and (b) the challenged statutes do not violate equal protection. Indians or non-Indians can be charged with first-degree murder committed in a federal enclave.
Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.
Compelled speech is a transmission of expression required by law. A related legal concept is protected speech. Just as freedom of speech protects free expression, in many cases it similarly protects an individual from being required to utter or otherwise express a thought with which that individual disagrees.