NCJ Number
44860
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 4 Dated: (DECEMBER 1977) Pages: 583-590
Date Published
1977
Length
8 pages
Annotation
A CASE IN WHICH AN INDIVIDUAL COVERED UP THE STATE MOTTO ON HIS AUTOMOBILE LICENSE PLATES AND THE RESULTING COURT APPEALS AND DECISIONS ARE EXAMINED IN RELATION TO THE FIRST AMENDMENT RIGHT TO FREEDOM OF SPEECH.
Abstract
IN 1974, GEORGE MAYNARD WAS ARRESTED FOR COVERING THE NEW HAMPSHIRE MOTTO, 'LIVE FREE OR DIE,' ON HIS LICENSE PLATES, IN VIOLATION OF A STATE STATUTE. ACCORDING TO MAYNARD, THE MOTTO VIOLATED HIS RELIGIOUS BELIEFS. AFTER SERVING A JAIL TERM, HE FILED SUIT IN FEDERAL COURT TO PREVENT FUTURE ARREST FOR OBSCURING THE MOTTO AND TO REQUIRE ISSUANCE TO HIM OF LICENSE PLATES NOT BEARING THE STATE MOTTO. THE SUPREME COURT STRUCK DOWN THE NEW HAMPSHIRE STATUTE PROHIBITING REMOVAL OF THE STATE MOTTO FROM LICENSE PLATES, DECIDING THAT THE FIRST AMENDMENT PROHIBITS A STATE FROM REQUIRING AN INDIVIDUAL TO DISPLAY IDEOLOGICAL MESSAGES ON HIS PRIVATE PROPERTY IN SUCH A MANNER AND FOR THE EXPRESS PURPOSE THAT THEY BE OBSERVED AND READ BY THE PUBLIC. IN MAKING THE DECISION, THE COURT DETERMINED WHETHER MAYNARD'S CONDUCT WAS ENTITLED TO FIRST AMENDMENT PROTECTION, THEN IT MEASURED THE INTEREST HE HAD IN EXERCISING THAT FIRST AMENDMENT FREEDOM AGAINST THE COUNTERVAILING INTERESTS OF THE STATE IN RETAINING THE MOTTO. THE COURT ASSERTED THAT THE RIGHT TO REFUSE AFFIRMATION WAS AS CONSTITUTIONALLY PROTECTED AS THE RIGHT TO SPEAK. IT FOUND THAT THE STATE'S INTEREST IN HAVING THE MOTTO DISPLAYED WAS RELATED TO SUPPRESSION OF FREE SPEECH AND THAT THE DEGREE OF SUPPRESSION WAS GREATER THAN COULD BE ALLOWED IN THE STATE INTEREST. (VDA)