Texas allows certain groups to create their own "vanity" license plates. These plates cost more, and some of the extra money goes to the organization creating the plates. About 5 years ago, the Sons of Confederate Veterans asked the state to allow a plate supporting their organization (pictured above) -- a plate that would have the Confederate battle flag on it.
The state refused to allow the license plate, saying it would be considered offensive by many Texas citizens. I believe they were correct in denying the plate (and I certainly found it offensive). It would be tantamount to the state support (or at least condoning) a racist symbol.
The Sons of Confederate victims filed suit to force the state to issue their plates, claiming the denial was a violation of their freedom of speech -- and a lower court agreed with that argument, saying Texas must issue the plate. Texas appealed to the Supreme Court. They did not see this as a free speech issue (and neither do I).
The Supreme Court has now ruled, and it came down on the side of Texas in a 5 to 4 decision. In an unexpected move, Justice Thomas joined the court's four liberals in saying the state had the right to refuse to issue the plate. The court said:
"just as Texas cannot require (Sons of Confederate Veterans) to convey 'the state's ideological message...(the Sons of Confederate Veterans) cannot force Texas to include a Confederate battle flag on its specialty license plates."
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