Supreme Court May Rule on Whether Her Suggestive Vanity Plate Constitutes Free Speech | Carscoops

      Since 1998, the state has turned down about 1,000 personalized license plates.

      Tennessee canceled Leah Gilliam's '69PWNDU' plate in 2021, citing its inappropriate meaning.

      Her legal team opposed a ruling from the Tennessee Supreme Court that supported state officials.

      The court determined that vanity plates are classified as government speech rather than personal free expression.

      It is not unusual for state authorities across the United States to reject or cancel personalized license plates they find offensive. Nonetheless, a woman in Tennessee is so distressed over her plate's revocation in 2021 that she is now appealing to the US Supreme Court. This seems like a significant effort for a license plate, but the woman argues that her free speech rights are being violated.

      The plate in question, '69PWNDU,' was approved for Leah Gilliam from Nashville in 2010. The plate refers to the gaming phrase "pwned u," while Gilliam claims the number 69 relates to her phone number. However, in May 2021, the state revoked the plate, asserting that it alluded to "sexual domination," according to The Tennessean.

      Free Speech or Government Speech?

      Gilliam initially contested the ruling in the Tennessee Supreme Court, but the court ruled in favor of the state. The justices concluded that personalized plates are deemed government speech, not individual expression, placing them outside the protection of the First Amendment.

      Her legal team contends that this ruling sets a troubling precedent. If plates are categorized as government speech, they warn, authorities could permit messages favoring one political party while denying those supporting another, creating a system vulnerable to viewpoint discrimination.

      A Patchwork of Rules

      The lawyers also highlight discrepancies between states. "Intervention is needed promptly, given that a car owner’s First Amendment speech rights change when she moves states," the lawyers stated in the Supreme Court. "The same personalized plate that is acceptable in Maryland, Oregon, Delaware, Rhode Island, Kentucky, California, and Michigan can be prohibited in Tennessee, Indiana, and Hawaii."

      For instance, Texas refused a driver the chance to display "JAIL 45," a jab at Donald Trump, while Michigan turned down "OSUSUCKS" directed at football rivals. Arizona permitted "JESUSNM," but Vermont rejected "JN36TN," shorthand for John 3:16. The outcome is an inconsistent patchwork of what is deemed acceptable expression.

      Beyond the Bumper

      The Tennessean indicates that there are about 60,000 personalized plates in Tennessee, with around 1,000 rejected since 1998. The lawyers argue that many view personalized license plates as messages from the state, when in fact, they are merely "messages from car owners, not Tennessee."

      Organizations like the Foundation for Individual Rights and Expression and the First Amendment Lawyers Association assert that if the Tennessee court’s ruling is upheld, it will result in constitutional harms extending beyond the vehicles registered in Tennessee.