Denial of vanity plate (COPSLIE) deemed unconstitutional

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by: Ryan • May 10, 2014 • no comments

Via Volokh Conspiracy, the New Hampshire Supreme Court reversed the denial of a license plate. The denial was based on the claim that the requested plate -- COPSLIE -- violated the rule against plates that were "offensive to good taste." Apparently, a number of DMV staffers found the plate "insulting."

Finding the provision unconstitutionally vague, the New Hampshire Supreme Court wrote:

To the extent the DMV argues that its reasoning for denying the petitioner’s requested vanity registration plate [COPSLIE] in this case aids in interpreting the phrase “offensive to good taste,” we disagree. The DMV initially denied the petitioner’s request because several DMV employees believed the text to be “insulting.” The DMV then argued that the phrase was applied “to exclude … accusation[s] of moral turpitude.” We are not persuaded that these interpretations clarify or explain the meaning of “offensive to good taste” so as to render it constitutionally sufficient. Moreover, we question whether prohibition of accusations of moral turpitude would constitute “viewpoint-neutral” regulation. Regardless, in order to construe the phrase to avoid unfettered discretion in enforcement, we would have to add or delete text to the regulation. This we decline to do….