North Carolina Division of Sons of Confederate Veterans, Inc. v. North Carolina Department of Transportation, et al.
FirstAmendment DueProcess Trademark Patent
Did the district court and Fourth Circuit Court of Appeals err in applying the 'Government Speech' doctrine?
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?