walker chairman texas department motor vehicles board et al texas division sons confederate veterans et argued march decided june texas offers automobile owners choice specialty license plates want state issue particular specialty plate may propose plate design comprising slogan graphic texas department motor vehicles board approves design state make available display vehicles registered texas texas division sons confederate veterans officers collectively scv filed suit chairman members board collectively board arguing board rejection scv proposal specialty plate design featuring confederate battle flag violated free speech clause district entered judgment board fifth circuit reversed holding texas specialty license plate designs private speech board engaged constitutionally forbidden viewpoint discrimination refused approve scv design held texas specialty license plate designs constitute government speech thus texas entitled refuse issue plates featuring scv proposed design pp government speaks barred free speech clause determining content says pleasant grove city summum government generally entitled promote program espouse policy take position free speech clause interpreted otherwise easy imagine government function say government ability express without restriction constitutional statutory provisions outside free speech clause may limit government speech free speech clause may constrain government speech example government seeks compel private persons convey government speech pp precedents regarding government speech provide appropriate framework approach case pp analysis used summum conclude city accepting privately donated monument placing city property engaging government speech leads conclusion government speech issue first history shows including texas long used license plates convey government speech slogans urging action promoting tourism touting local industries cf second texas license plate designs often closely identified public mind state plate government article serving governmental purposes vehicle registration identification governmental nature plates clear faces state places name texas large letters across top every plate texas also requires texas vehicle owners display license plates issues every texas plate owns designs plates plates essentially government ids id issuers typically permit ids contain message wish associated third texas maintains direct control messages conveyed specialty plates giving board final approval design like city government summum texas effectively controlled messages conveyed exercising final approval authority selection considerations taken together show texas specialty plates similar enough monuments summum call result pp forum analysis applies government restrictions purely private speech occurring government property cornelius naacp legal defense ed fund appropriate state speaking behalf parties agree texas specialty license plates traditional public forum texas policies nature license plates indicate state intend specialty plates serve either designated public forum government property traditionally public forum intentionally opened purpose summum supra limited public forum government reserv es forum certain groups discussion certain topics rosenberger rector visitors univ state exercises final authority messages may conveyed specialty plates takes ownership specialty plate design traditionally used plates government speech features texas specialty plates militate determination texas created public forum finally plates nonpublic forum government proprietor managing internal operations international soc krishna consciousness lee fact private parties take part design propagation message extinguish governmental nature message transform government role mere forum provider see summum supra texas requirement vehicle owners pay annual fees specialty plates mean plates forum private speech case resemble nonpublic forum cases perry ed assn perry local educators lehman shaker heights cornelius supra distinguished pp determination texas specialty license plate designs government speech mean designs also implicate free speech rights private persons acknowledged drivers display state selected license plate designs convey messages communicated designs see wooley maynard also recognized first amendment stringently limits state authority compel private party express view private party disagrees texas require scv convey state ideological message scv force texas include confederate battle flag specialty license plates pp reversed breyer delivered opinion thomas ginsburg sotomayor kagan joined alito filed dissenting opinion roberts scalia kennedy joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press john walker iii chairman texas department motor vehicles board et petitioners texas division sons confederate veterans et al writ certiorari appeals fifth circuit june justice breyer delivered opinion texas offers automobile owners choice ordinary specialty license plates want state issue particular specialty plate may propose plate design comprising slogan graphic commonly texas department motor vehicles board approves design state make available display vehicles registered texas case texas division sons confederate veterans proposed specialty license plate design featuring confederate battle flag board rejected proposal must decide whether rejection violated constitution free speech guarantees see amdts conclude texas law requires motor vehicles operating state roads display valid license plates see tex transp code ann west supp supp texas makes available several kinds plates drivers may choose display state license plates see texas dept motor vehicles motor vehicle registration manual apr plates contains word texas license plate number silhouette state graphic lone star slogan lone star state texas dept motor vehicles texas classic faqs july online http internet materials visited june available clerk case file alternative drivers may choose assortment specialty license plates west plates contains word texas license plate number one selection designs prepared state see ibid specialty license plates http displaying available texas specialty plates create plate design http finally texas law provides personalized plates also known vanity plates tex admin code pursuant personalization program vehicle owner may request particular alphanumeric pattern use plate number bob concerned second category plates namely specialty license plates personalization program texas offers vehicle owners variety specialty plates generally annual fee see texas selects designs specialty plates three distinct processes first state legislature may specifically call development specialty license plate see tex transp code west supp legislature enacted statutes authorizing example plates say keep texas beautiful mothers drunk driving plates honor texas citrus industry plates feature image world trade center towers words fight terrorism see second board may approve specialty plate design proposal private vendor created request individual organization see tex admin code among plates created process plates promoting keller indians plates slogan get sold third board may create new specialty license plates initiative receipt application nonprofit entity seeking sponsor specialty plate tex transp code ann nonprofit must include application draft design specialty license plate tex admin code texas law vests board authority approve disapprove application see relevant statute says board may refuse create new specialty license plate number reasons example design might offensive member public reason established rule tex transp code ann specialty plates board sanctioned process include plates featuring words gator nation together florida gators logo plates featuring logo rotary international words service self sons confederate veterans texas division nonprofit entity applied sponsor specialty license plate process scv application included draft plate design see appendix infra bottom proposed plate words sons confederate veterans side organization logo square confederate battle flag framed words sons confederate veterans faint confederate battle flag appeared background lower portion plate additionally middle plate license plate number top state name silhouette board predecessor denied application scv renewed application board board invited public comment website open meeting considering responses including number letters sent elected officials opposed proposal board voted unanimously issuing plate board explained found necessary deny th plate design application specifically confederate flag portion design public comments ha shown many members general public find design offensive comments reasonable app board added significant portion public associate confederate flag organizations advocating expressions hate directed toward people groups demeaning people groups scv two officers collectively scv brought lawsuit chairman members board collectively board scv argued board decision violated free speech clause first amendment sought injunction requiring board approve proposed plate design district entered judgment board divided panel appeals fifth circuit reversed texas sons confederate veterans vandergriff held texas specialty license plate designs private speech board refusing approve scv design engaged constitutionally forbidden viewpoint discrimination dissenting judge argued texas specialty license plate designs government speech content state free control granted board petition certiorari reverse ii government speaks barred free speech clause determining content says pleasant grove city summum freedom part reflects fact democratic electoral process first foremost provides check government speech see board regents univ system southworth thus government statements government actions programs take form speech normally trigger first amendment rules designed protect marketplace ideas see johanns livestock marketing instead free speech clause helps produce informed opinions among members public able influence choices government words deeds reflect electoral mandate see stromberg california observing constitutional system seeks maintain opportunity free political discussion end government may responsive people free speech clause interpreted otherwise government work city government create successful recycling program officials writing householders asking recycle cans bottles include letter long plea local trash disposal enterprise demanding contrary state government effectively develop programs designed encourage provide vaccinations officials also voice perspective oppose type immunization easy imagine government function lacked th freedom select messages wishes convey summum supra therefore refused hold government unconstitutionally discriminates basis viewpoint chooses fund program dedicated advance certain permissible goals program advancing goals necessarily discourages alternative goals rust sullivan pointed contrary holding render numerous government programs constitutionally suspect ibid cf keller state bar every citizen right insist one paid public funds express view disagreed debate issues great concern public limited private sector process government know radically transformed made clear government speak southworth supra say government ability express without restriction constitutional statutory provisions outside free speech clause may limit government speech summum supra free speech clause may constrain government speech example government seeks compel private persons convey government speech general matter government speaks entitled promote program espouse policy take position represents citizens carries duties behalf iii view specialty license plates issued pursuant texas statutory scheme convey government speech reasoning rests primarily analysis summum recent case presented similar problem conclude precedents regarding government speech precedents regarding forums private speech provide appropriate framework approach case see summum considered religious organization request erect city park monument setting forth organization religious tenets see park permanent displays least including wishing well september monument historic granary city first fire station ten commandments monument donated city private entities religious organization argued free speech clause required city display organization proposed monument accepting broad range permanent exhibitions park city created forum private speech form monuments brief respondent pleasant grove city summum pp rejected organization argument held city provid ed forum private speech respect monuments summum rather city even accepting privately donated monument placing city property engage expressive conduct speech issue decided best viewed form government speech therefore subject scrutiny free speech clause based conclusion several factors first history shows overnments long used monuments speak public thus observed hen government entity arranges construction monument wishes convey thought instill feeling see structure ibid second noted common property owners open property installation permanent monuments convey message wish associated result persons observe donated monuments routinely reasonably interpret conveying message property owner behalf ibid observers monuments consequence ordinarily appreciate identity speaker ibid third found relevant fact city maintained control selection monuments thought fair say throughout nation history general government practice respect donated monuments one selective receptivity ibid observed city government summum controlled messages sent monuments ark exercising approval authority selection light relevant considerations concluded expression issue government speech see reaching conclusion rejected premise involvement private parties designing monuments sufficient prevent government controlling monuments placed public park see cf rust supra upholding federal regulation limiting speech program program established administered private parties analysis summum leads us conclusion government speech issue first history license plates shows insofar license plates conveyed state names vehicle identification numbers long communicated messages cf governments long used monuments speak public arizona became first state display graphic plates fox license plates fox minard stentiford moving history minard state presented depiction head hereford steer fox minard years since new hampshire plates featured profile old man mountain massachusetts plates included representation commonwealth famous codfish wyoming plates displayed rider atop bucking bronco minard idaho became first state include slogan plates idaho plate proclaimed idaho potatoes featured illustration brown potato onto license plate number superimposed green brown potato catch slogans license plates years state plates included phrases north future alaska keep florida green florida hoosier hospitality indiana iodine products state south carolina green mountains vermont america dairyland wisconsin fox used license plate slogans urge action promote tourism tout local industries texas selected various messages communicate license plate designs texas begun display lone star emblem plates texas department transportation history texas license plates state plates featured first slogan texas license plates word centennial texas plates promoted san antonio event including phrase hemisfair texas replaced lone star small silhouette state texas plates celebrated years statehood additionally texas legislature specifically authorized specialty plate designs stating among things read succeed houston livestock show rodeo texans conquer cancer girl scouts tex transp code ann kind state speech appeared texas plates decades second texas license plate designs often closely identified public mind state summum supra texas license plate government article serving governmental purposes vehicle registration identification governmental nature plates clear faces state places name texas large letters top every plate moreover state requires texas vehicle owners display license plates every texas license plate issued state see texas also owns designs license plates including designs texas adopts basis proposals made private individuals organizations see texas dictates manner drivers may dispose unused plates see see also requiring vehicle owners return unused specialty plates state texas license plates essentially government ids issuers id typically permit placement ids message wish associated summum consequently persons observe designs ids routinely reasonably interpret conveying message issuer behalf ibid indeed person displays message texas license plate likely intends convey public state endorsed message individual simply display message question larger letters bumper sticker right next plate individual prefers license plate design purely private speech expressed bumper stickers may well texas license plate designs convey government agreement message displayed third texas maintains direct control messages conveyed specialty plates texas law provides state sole control design typeface color alphanumeric pattern license plates board must approve every specialty plate design proposal design appear texas plate tex admin code board predecessor actively exercised authority texas asserts scv concedes state rejected least dozen proposed designs reply brief tr oral arg accordingly like city government summum texas controlled messages conveyed exercising approval authority selection quoting johanns final approval authority allows texas choose present constituency thus texas offers plates celebrating many educational institutions attended citizens see tex transp code ann need issue plates deriding schooling texas offers plates pay tribute texas citrus industry see need issue plates praising florida oranges far better texas offers plates say fight terrorism see need issue plates promoting al qaeda considerations taken together convince us specialty plates question similar enough monuments summum call result say every element discussion summum relevant instance summum emphasized monuments permanent observed public parks accommodate limited number permanent monuments believed speech issue government speech rather private speech part found hard imagine public park opened installation permanent monuments every person group wishing engage form expression state theoretically offer much larger number license plate designs designs need available time immemorial characteristics speech issue summum particularly important government speech issue occurred public parks traditional public forums delivery speeches holding marches demonstrations private citizens contrast license plates traditional public forums private speech features designs texas specialty license plates indicate message conveyed designs conveyed behalf government texas board selects design featured state specialty license plates texas presents designs ids traditionally used medium government speech places designs directly large letters identifying texas issuer ids designs accepted therefore meant convey effect conveying government message thus constitute government speech scv believes texas specialty license plate designs government speech least respect designs comprising slogans graphics initially proposed private parties according scv state engage expressive activity slogans graphics rather provides forum private speech making license plates available display private parties designs agree previously used called forum analysis evaluate government restrictions purely private speech occurs government property cornelius naacp legal defense ed fund forum analysis misplaced state speaking behalf first amendment strictures attend various types forums apply parties agree texas specialty license plates traditional public forum street park ha immemorially held trust use public time mind ha used purposes assembly communicating thoughts citizens discussing public questions perry ed assn perry local educators internal quotation marks omitted rejected view traditional public forum status extends beyond historic confines arkansas ed television forbes specialty license plates lie far beyond confines equally clear texas specialty plates neither public forum exists government property traditionally regarded public forum intentionally opened purpose summum supra limited public forum exists government reserv ed forum certain groups discussion certain topics rosenberger rector visitors univ government create public forum inaction permitting limited discourse intentionally opening nontraditional forum public discourse cornelius order ascertain whether government intended designate place traditionally open assembly debate public forum looked policy practice government nature property compatibility expressive activity ibid texas policies nature license plates indicate state intend specialty license plates serve either designated public forum limited public forum first state exercises final authority specialty license plate design authority militates determination texas created public forum see explaining school mail system public forum practice require permission individual school principal access system communicate teachers granted second texas takes ownership specialty plate design making particularly untenable state intended specialty plates serve forum public discourse finally texas license plates traditionally used government speech primarily used form government id bear state name features texas license plates indicate texas explicitly associates speech plates similar reasons conclude texas specialty license plates nonpublic um exists government acting proprietor managing internal operations international soc krishna consciousness lee respect specialty license plate designs texas simply managing government property instead engaging expressive conduct described reach conclusion based historical context observers reasonable interpretation messages conveyed texas specialty plates effective control state exerts design selection process texas specialty license plate designs meant convey effect conveying government message summum constitute government speech ibid fact private parties take part design propagation message extinguish governmental nature message transform government role mere summum private entities financed donated monuments government accept ed display ed public similarly private parties propose designs texas may accept display license plates case summum government entity may exercise freedom express views even receives assistance private sources purpose delivering message case summum forum analysis inapposite see course texas allows many license plate designs city summum allowed monuments holding summum dependent precise number monuments found within park indeed indicated permanent displays new york city central park also constitute government speech see amicus brief informed us time displays see brief city new york pleasant grove city summum may well many messages texas wishes convey license plates messages city summum wished convey monuments texas desire communicate numerous messages mean messages conveyed texas additionally fact texas vehicle owners pay annual fees order display specialty license plates imply plate designs merely forum private speech nonpublic forums provide governments opportunity profit speech see lehman shaker heights plurality opinion existence government profit alone insufficient trigger forum analysis thus city summum established rule organizations wishing donate monuments must also pay fees assist park maintenance believe result case different think sufficiently clear texas speaking specialty license plate designs existence annual fees convince us specialty plates nonpublic forum finally note case resemble cases identified nonpublic forum case like perry ed found school district internal mail system nonpublic forum private speech see undisputed number private organizations including teachers union access mail system see therefore clear private parties government used system communicate contrast specialty license plate design formally approved stamped imprimatur texas case like lehman found advertising space city buses nonpublic forum see paul identifying lehman case nonpublic forum messages located context advertising space traditionally available private speech advertising space contrast license plates bore indicia speech owned conveyed government case like cornelius determined charitable fundraising program directed federal employees constituted nonpublic forum see forum lacked kind history present fundraising drive never medium government speech instead established bring order solicitation process previously consisted ad hoc solicitation individual charitable organizations drive designed minimize disruption federal workplace communicate messages government charitable solicitations appear government id government name contrast instant case reason employees interpret solicitation conveying message government behalf summum iv determination texas specialty license plate designs government speech mean designs also implicate free speech rights private persons acknowledged drivers display state selected license plate designs convey messages communicated designs see wooley maynard observing vehicle readily associated operator drivers displaying license plates use private property billboard state ideological message recognized first amendment stringently limits state authority compel private party express view private party disagrees see hurley gay lesbian bisexual group boston west virginia bd ed barnette compelled private speech issue texas require scv convey state ideological message wooley supra scv force texas include confederate battle flag specialty license plates reasons stated hold texas specialty license plate designs constitute government speech texas consequently entitled refuse issue plates featuring scv proposed design accordingly judgment appeals fifth circuit reversed alito dissenting john walker iii chairman texas department motor vehicles board et petitioners texas division sons confederate veterans et al writ certiorari appeals fifth circuit june justice alito chief justice justice scalia justice kennedy join dissenting decision passes private speech government speech establishes precedent threatens private speech government finds displeasing first amendment cases distinction government speech private speech critical first amendment regulate government speech therefore government speaks free select views wants express pleasant grove city summum contrast realm private speech expression government regulation may favor one speaker another rosenberger rector visitors univ unfortunately decision categorizes private speech government speech thus strips first amendment protection holds privately created messages many specialty plates issued state texas convey government message rather message motorist displaying plate possibly correct test suppose sat side texas highway studied license plates vehicles passing see addition standard texas plates impressive array specialty plates varieties likely observe plates honor numerous colleges universities might see plates bearing name high school fraternity sorority masons knights columbus daughters american revolution realty company favorite soft drink favorite burger restaurant favorite nascar driver sat watching plates speed really think sentiments reflected specialty plates views state texas owners cars car plate says rather golfing passed monday morning think official policy state better golf work viewing start college football season saw texas plates names university texas competitors upcoming games notre dame oklahoma state university oklahoma kansas state iowa state assume state texas officially perhaps treasonously rooting longhorns opponents car zipped plate reads nascar jeff gordon think gordon born california raised indiana resides north carolina official favorite state government says messages government speech essential government able express viewpoint reminds us otherwise promote programs like recycling vaccinations ante texas issues rather golfing plate rather playing tennis rather bowling plate furthering state policy promote golf tennis bowling texas allows motorists obtain notre dame license plate university southern california plate taking sides rivalry capacious understanding government speech takes large painful bite first amendment specialty plates may seem innocuous make motorists happy put money state coffers precedent case sets dangerous license plates unquestionably contain government speech name state numbers letters identifying vehicle state texas converted remaining space specialty plates little mobile billboards motorists display messages texas reject one messages members private group wanted post little billboards state thought many citizens find message offensive blatant viewpoint discrimination state little mobile billboards big stationary billboards suppose state erected electronic billboards along highways suppose state posted government messages billboards raise money allowed private entities individuals purchase right post messages suppose state allowed messages liked found controversial constitutional state college university thing similar billboard campus bulletin board dorm list serve allowed private messages consistent prevailing views campus banned disturbed students faculty doubt examples viewpoint discrimination violate first amendment hope future uses today precedent remain seen specialty plates like involved case recent development license plates originated solely means identifying vehicles new york became first state require automobiles licensed rather issue license plates new york required drivers display initials cars minard stentiford moving history two years later massachusetts became first state issue license plates plates said mass automobile register displayed vehicle registration number plates type featuring registration number name state sometimes date standard decades thereafter see see also generally fox license plates texas license plates initially followed pattern first official state plate appeared featured number abbreviation tex texas department transportation history texas license plates history year issue added state began issuing plates identified certain vehicle types commercial trucks farm farm trucks overwidth house trailer special plate word centennial created mark state birthday first plate identifying owner state official appeared two years later starting texas began issuing plates identify registrants amateur radio operator state judge disabled veteran sesquicentennial plate appeared two years later legislation introduced create bronze license plate lettering available fee proposal aimed make state profit failed pass ibid anything might considered message featured regularly texas plates words lone star state added means bringing favorable recognition texas finally late license plates containing small variety messages selected state became available first time messages included slogans like read succeed keep texas beautiful animal friendly big bend national park houston livestock show rodeo lone star proud also issued plates bearing names colleges universities plates state arts state capitol restoration made available raise funds special purposes idea specialty plates took hold number varieties quickly multiplied today told texas motorists choose messages including many designs proposed nonprofit groups individuals businesses state vendor brief respondents see also texas department motor vehicles online http motorists specialty internet materials visited june available clerk case file http drivers select plates advertising organizations causes like boy scouts american legion blood donor girl scouts insure texas kids mothers drunk driving marine mammal recovery save texas ocelots share road texas reads texas realtors texas realtor texas state rifle association texas trophy hunters association world wildlife fund ymca young plates fraternities sororities schools public like texas texas tech private like trinity university baylor even larger number schools honored arizona state brigham young florida state michigan state alabama south carolina name political slogans like come take tread plates promoting citrus industry cotton boll commercial businesses specialty plates plates advertising remax get sold remax pepper always one kind mighty fine burgers texas division sons confederate veterans scv organization composed descendants confederate soldiers group applied texas specialty license plate proposed design featured controversial symbol confederate battle flag surrounded words sons confederate veterans gold border app texas department motor vehicles board board invited public comments considered plate design meeting april meeting one board member absent remaining eight members deadlocked whether approve plate board thus reconsidered plate meeting november time many opponents plate turned voice objections board voted unanimously approval issued order stating board considered information finds necessary deny plate design application specifically confederate flag portion design public comments shown many members general public find design offensive comments reasonable board finds significant portion public associate confederate flag organizations advocating expressions hate directed toward people groups demeaning people groups board also saw compelling public interest protecting conspicuous mechanism identification license plate degrading possible public safety issue thought public interest required rejection plate design controversy surrounding plate great design distract disturb drivers point unreasonably dangerous ibid meeting board approved buffalo soldiers plate design vote proceeds fees paid motorists select plate benefit buffalo soldier national museum houston dedicated primarily preserving legacy honor african american soldier buffalo soldier national museum online http buffalo soldiers nickname originally given black soldiers army cavalry regiment formed civil war name later used describe black soldiers leckie leckie buffalo soldiers narrative black cavalry west original buffalo soldiers fought distinction indian wars buffalo soldiers plate opposed native americans one leader commented felt way buffalo felt confederate flag scharrer specialty license plates bring revenue stir controversy houston chronicle see cavalry uniform explained forced relive american holocaust ibid ii relying almost entirely one precedent pleasant grove city summum holds messages private groups succeed placing texas license plates government messages badly misunderstands summum summum private group claimed right erect large stone monument small city park park contained permanent displays donated private parties ibid central question concerned nature municipal government conduct accepted privately donated monuments placement park city created forum private speech accepted donated monuments expressed government message held monuments represented government speech identified several important factors led conclusion first governments long used monuments means expressing government message put ince ancient times kings emperors rulers erected statues remind subjects authority power important public monuments like statue liberty washington monument lincoln memorial express principles inspire bind nation together thus long experience led public associate public monuments government speech second history landowners allowing property used third parties site large permanent monuments express messages landowners wish convey see great many monuments adorn nation public parks financed private funds donated private parties cities jurisdictions take care accepting donated monuments select conve government message presented summum examples public parks thrown open private groups individuals put whatever monuments desired third spatial limitations played prominent part analysis see ublic parks accommodate limited number permanent monuments consequently permanent monuments monopolize use land stand interfere permanently uses public space ibid limited number monuments built given space governments allow parks cluttered monuments serve government purpose point well understood visit parks view monuments contain characteristics rendered public monuments government speech summum present texas specialty plate program begin history said summum governments used monuments since time immemorial express important government messages history governments giving equal space wishing express dissenting views large gilded equestrian statue king george iii dominated bowling green small park lower colonial governor surely permitted construction land monument fallen lexington concord accepted third french republic gift statue liberty see congress seems safe say welcomed gift statue authoritarianism one offered another country likely national park service today receptive private groups pointing lincoln memorial martin luther king memorial vietnam veterans memorial national mall sought permission put monuments jefferson davis orval faubus north vietnamese army governments always used public monuments express government message members public understand history messages license plates quite different beginning motor vehicle registration years passed proliferation specialty plates texas motorists allowed choose among messages read succeed keep texas beautiful history point words texas plates considered government speech messages created state plausibly promoted state point within last years state began allow private entities secure plates conveying messages texas crossed line contrast history public monuments used convey government messages centuries texas license plate program starker attempt gather historical support position relies plates mottos symbols notes issued well lone star state made debut texas history irrelevant present purposes like texas plate plates created issued motorists generally choice accept example state new hampshire made crime cover words live free die plates see wooley maynard words symbols plates sort government speech plates essentially commissioned private entities cost exceeds express message chosen entities different quite new unlike summum history suggest messages issue government speech texas specialty plate program also exhibit selective receptivity present summum contrary texas program selective design board chairman charged approving designs explained program purpose encourage private plates order generate additional revenue state time board base decisions rules primarily deal reflectivity readability ibid department brochure explains provides plate design though design subject reflectivity legibility design standards pressed come evidence state exercised selective receptivity texas rely primarily sketchy information contained record specifically board predecessor might rejected plate perhaps others ground contained messages offensive see ante citing reply brief tr oral arg even happened shows present case may one state exercised viewpoint discrimination texas also extrarecord evidence selectivity concerns proposed plate thought create threat fair enforcement state motor vehicle laws reply brief citing publicly available transcript texas department motor vehicles board meeting online http www txdmv gov reports data doc download proposed plate texas dps troopers foundation troopers plate proposed board considered proposed plate august meeting approved six plate designs without discussion rejected troopers plate deadlocked vote due apparent concern plate give impression displaying receive favored treatment state troopers constitutionality board action necessarily turn whether approval plate made message government speech believe texas specialty plate program created limited public forum private speech may excluded inconsistent purpose forum rosenberger thus even texas extrarecord information taken account picture different summum texas take care approve proposed plates convey messages state supports instead proclaims open private messages except like scv plate offend viewed believes messages privately created plates government speech motorists want seal state approval messages therefore prefer plates bumper stickers ante dangerous reasoning big difference government speech speech government furtherance programs governmental blessing condemnation private speech many private speakers forum welcome sign government approval realm private speech government regulation may favor one viewpoint another rosenberger supra final factor important summum space park accommodate many permanent monuments often large made stone monuments last centuries difficult move license plates hand small light mobile designed last relatively brief time absolute limit number specialty plates state issue number registered vehicles variety available plates limitless today texas offers varieties years might sum texas specialty plate program none factors critical summum texas program exhibits important characteristic missing case individuals want display texas specialty plate instead standard plate must pay increased annual registration fee see http many groups individuals clamor pay cost deposit required create new plate order broadcast government message opposed texas really wants speak support say iowa state university university iowa young lawyers old ones must paid say things really wants say fees texas collects pay much merely administration program adopted specialty license plate programs like texas bursting things want say license plates programs adopted bring money texas makes public revenue totals generated specialty plate program apparent program brings many millions dollars every year see http txdmv gov reports data doc download texas space available millions little mobile billboards texas effect sells space wish use express personal message provided message express viewpoint state finds unacceptable government speech regulation private speech iii texas done selling space license plates create called limited public forum allowed state property motor vehicle license plates used private speakers according rules state prescribes cf good news club milford central school first amendment however rules discriminate basis viewpoint see rosenberger quoting cornelius naacp legal defense ed fund exactly texas board rejected texas scv design specifically confederate flag portion design public comments shown many members general public find design offensive comments reasonable app statements indisputably demonstrate board denied texas scv design viewpoint confederate battle flag controversial symbol texas sons confederate veterans said evoke memory ancestors soldiers fought south civil war see others symbolizes slavery segregation hatred whatever means motorists display symbol see flag expresses viewpoint board rejected plate design concluded many texans find flag symbol offensive pure viewpoint discrimination board candid explanation reason rejecting scv plate alone sufficient establish point board approval buffalo soldiers plate meeting dispels doubt proponents scv buffalo soldiers plates saw honoring soldiers served bravery honor past opponents plates images plates evoked painful memories board rejected one plate approved like two plates many specialty plates potential irritate perhaps even infuriate see texas allows plate words choose life state new york rejected plate message incredibly divisive second circuit recently sustained decision children first foundation fiala wl may texas allows specialty plate honoring boy scouts group refusal accept gay leaders angers virginia another state proliferation specialty plates issues plates controversial organizations like national rifle association controversial commercial enterprises raising tobacco mining coal controversial sports fox hunting professional sports team controversial name washington redskins allowing reject specialty plates based potential offend viewpoint discrimination board decision saved suggestion plate allowed distract disturb drivers point unreasonably dangerous app rationale withstand strict scrutiny allow specialty plates confederate battle texas pointed evidence plates led incidents road rage accidents texas ban bumper stickers bearing image confederate battle flag ban many bumper stickers convey political messages messages capable exciting ire loathe ideas express cf good news club supra messages proposed private parties placed texas specialty plates private speech government speech texas forbid private speech based viewpoint approves violation first amendment respectfully dissent appendix sample texas specialty plates found http footnotes elliot shifting gears forbes life pp appendix infra reproduces available specialty plates mentioned throughout opinion order first reference categories referenced examples category included statue made bullets times magazine july opinion address whether unique combination letters numbers assigned vehicle even selected motorist private speech see http