No. 22-932

North Carolina Division of Sons of Confederate Veterans, Inc. v. North Carolina Department of Transportation, et al.

Lower Court: Fourth Circuit
Docketed: 2023-03-24
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights constitutional-law first-amendment fourth-circuit free-speech government-speech license-plate public-forum specialty-license-plate state-law
Key Terms:
FirstAmendment DueProcess Trademark Patent
Latest Conference: 2023-06-08 (distributed 2 times)
Question Presented (AI Summary)

Did the district court and Fourth Circuit Court of Appeals err in applying the 'Government Speech' doctrine?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the district court and Fourth Circuit Court of Appeals err in applying the “Government Speech” doctrine to limit the speech of private citizens and organizations participating in a specialty license plate program which originated in a statute that did not vest the government agency with any discretion with regard to the eligibility of civic groups or the design of the civic group’s emblem? 2. Did the district court and Fourth Circuit Court of Appeals err in failing to apply the public forum doctrine to a specialty license plate program which originated in a statute which did not vest the government agency with any discretion with regard to the design of such specialty plates other than to ensure the readability of such plates? 8. Did the district court and Fourth Circuit Court of Appeals err in applying the “Government Speech” doctrine where there was an adequate and independent state law basis which did not implicate the Constitution to hold that the NC-DMV exceeded its authority by denying members of Petitioner the ability to obtain and display a specialty license plate?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-19
Reply of petitioner North Carolina Division of Sons of Confederate Veterans, Inc. filed.
2023-05-04
Brief of respondents North Carolina Department of Transportation, et al. in opposition filed.
2023-04-04
Response Requested. (Due May 4, 2023)
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-03-28
Waiver of right of respondents North Carolina Department of Transportation, et al. to respond filed.
2023-03-22

Attorneys

North Carolina Department of Transportation, et al.
Ryan Young ParkNorth Carolina Department of Justice, Respondent
Ryan Young ParkNorth Carolina Department of Justice, Respondent