wooley
maynard
argued
november
decided
april
new
hampshire
statutes
require
noncommercial
motor
vehicles
bear
license
plates
embossed
state
motto
live
free
die
make
misdemeanor
obscure
motto
appellees
maynard
wife
followers
jehovah
witnesses
faith
view
motto
repugnant
moral
religious
political
beliefs
accordingly
covered
motto
license
plates
jointly
owned
family
automobiles
appellee
maynard
subsequently
found
guilty
state
violating
misdemeanor
statute
three
separate
charges
upon
refusing
pay
fines
imposed
sentenced
served
days
jail
appellees
brought
action
federal
district
pursuant
seeking
injunctive
declaratory
relief
enforcement
new
hampshire
statutes
enjoined
state
arresting
prosecuting
appellees
future
covering
motto
license
plates
held
principles
equitable
restraint
enunciated
younger
harris
preclude
district
exercising
jurisdiction
pp
genuine
threat
state
prosecutions
exists
litigant
entitled
resort
federal
forum
seek
redress
alleged
deprivation
federal
rights
aside
younger
principles
may
seek
redress
pp
relief
sought
wholly
prospective
preclude
prosecution
statute
alleged
violate
constitutional
rights
failure
seek
state
appellate
review
criminal
convictions
bar
relief
federal
huffman
pursue
distinguished
pp
threat
repeated
prosecutions
future
appellees
effect
continuing
threat
ability
perform
ordinary
tasks
daily
life
require
automobile
sufficient
justify
injunctive
relief
hence
district
limited
granting
declaratory
relief
pp
state
may
constitutionally
require
individual
participate
dissemination
ideological
message
displaying
private
property
manner
express
purpose
observed
read
public
pp
new
hampshire
statute
forcing
individual
part
daily
life
indeed
constantly
automobile
public
view
instrument
advocating
public
adherence
ideological
point
view
finds
unacceptable
invades
sphere
intellect
spirit
purpose
first
amendment
reserve
official
control
board
education
barnette
pp
state
claimed
interests
requiring
display
state
motto
license
plates
facilitate
identification
passenger
vehicles
promote
appreciation
history
individualism
state
pride
sufficiently
compelling
justify
infringement
appellees
first
amendment
rights
purpose
first
interest
achieved
less
drastic
means
second
interest
outweigh
individual
first
amendment
right
avoid
becoming
courier
state
ideological
message
pp
burger
delivered
opinion
brennan
stewart
marshall
powell
stevens
joined
white
joined
except
insofar
affirms
district
issuance
injunction
white
filed
opinion
dissenting
part
blackmun
rehnquist
joined
post
rehnquist
filed
dissenting
opinion
blackmun
joined
post
robert
johnson
ii
assistant
attorney
general
new
hampshire
argued
cause
appellants
brief
david
souter
attorney
general
richard
kohn
argued
cause
appellees
brief
jack
middleton
david
depuy
melvin
wulf
joel
gora
chief
justice
burger
delivered
opinion
issue
appeal
whether
state
new
hampshire
may
constitutionally
enforce
criminal
sanctions
persons
cover
motto
live
free
die
passenger
vehicle
license
plates
motto
repugnant
moral
religious
beliefs
since
new
hampshire
required
noncommercial
vehicles
bear
license
plates
embossed
state
motto
live
free
die
rev
stat
ann
supp
another
new
hampshire
statute
makes
misdemeanor
knowingly
obscure
figures
letters
number
plate
rev
stat
ann
supp
term
letters
section
interpreted
state
highest
include
state
motto
state
hoskin
appellees
george
maynard
wife
maxine
followers
jehovah
witnesses
faith
maynards
consider
new
hampshire
state
motto
repugnant
moral
religious
political
beliefs
therefore
assert
objectionable
disseminate
message
displaying
automobiles
pursuant
beliefs
maynards
began
early
cover
motto
license
plates
november
maynard
issued
citation
violating
december
appeared
pro
se
lebanon
district
answer
charge
waiving
right
counsel
entered
plea
guilty
proceeded
explain
religious
objections
motto
state
trial
judge
expressed
sympathy
maynard
situation
considered
bound
authority
state
hoskin
supra
hold
maynard
guilty
fine
imposed
execution
suspended
good
behavior
december
maynard
charged
violating
appeared
january
chose
represent
found
guilty
fined
sentenced
six
months
grafton
county
house
corrections
suspended
jail
sentence
ordered
maynard
also
pay
fine
first
offense
maynard
informed
matter
conscience
refused
pay
two
fines
thereupon
sentenced
jail
period
days
served
full
sentence
prior
trial
second
offense
maynard
charged
yet
third
violation
january
appeared
complaint
day
second
offense
found
guilty
conviction
continued
sentence
maynard
received
punishment
addition
days
march
appellees
brought
present
action
pursuant
district
district
new
hampshire
sought
injunctive
declaratory
relief
enforcement
rev
stat
ann
insofar
required
displaying
state
motto
vehicle
license
plates
made
criminal
offense
obscure
motto
march
single
district
judge
issued
temporary
restraining
order
arrests
prosecutions
maynards
appellees
sought
injunction
state
statute
grounds
unconstitutionality
district
convened
pursuant
following
hearing
merits
district
entered
order
enjoining
state
arresting
prosecuting
maynards
time
future
covering
portion
license
plates
contains
motto
live
free
die
supp
noted
probable
jurisdiction
appeal
appellants
argue
district
precluded
exercising
jurisdiction
case
principles
equitable
restraint
enunciated
younger
harris
younger
recognized
principles
judicial
economy
well
proper
relations
preclude
federal
courts
exercising
equitable
jurisdiction
enjoin
ongoing
state
prosecutions
however
genuine
threat
prosecution
exists
litigant
entitled
resort
federal
forum
seek
redress
alleged
deprivation
federal
rights
see
steffel
thompson
doran
salem
inn
younger
principles
aside
litigant
entitled
resort
federal
forum
seeking
redress
alleged
deprivation
federal
rights
huffman
pursue
maynard
finds
placed
scylla
intentionally
flouting
state
law
charybdis
forgoing
believes
constitutionally
protected
activity
order
avoid
becoming
enmeshed
another
criminal
proceeding
steffel
thompson
supra
maynard
joint
owner
family
automobiles
less
likely
husband
subjected
state
prosecution
circumstances
denied
consideration
federal
remedy
appellants
however
point
maynard
failed
seek
review
criminal
convictions
cite
huffman
pursue
supra
propositions
necessary
concomitant
younger
party
appellee
posture
must
exhaust
state
appellate
remedies
seeking
relief
district
younger
standards
must
met
justify
federal
intervention
state
judicial
proceeding
losing
litigant
exhausted
state
appellate
remedies
huffman
however
inapposite
appellee
seeking
prevent
means
federal
intervention
enforcement
judgment
declaring
theater
nuisance
held
appellee
failure
exhaust
state
appeals
barred
federal
intervention
principles
younger
federal
intervention
fashion
designed
annul
results
state
trial
deprives
function
quite
legitimately
left
overseeing
trial
dispositions
constitutional
issues
arise
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litigation
jurisdiction
ibid
however
suit
way
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annul
results
state
trial
since
relief
sought
wholly
prospective
preclude
prosecution
statute
alleged
violate
appellees
constitutional
rights
maynard
already
sustained
convictions
served
sentence
imprisonment
prior
offenses
seek
record
expunged
annul
collateral
effects
convictions
may
upon
driving
privileges
maynards
seek
free
prosecutions
future
violations
statutes
younger
bar
federal
jurisdiction
complaint
maynards
sought
declaratory
injunctive
relief
enforcement
new
hampshire
statutes
recognized
although
rdinarily
practical
effect
injunctive
declaratory
relief
virtually
identical
doran
salem
inn
supra
quoting
samuels
mackell
district
generally
protect
interests
federal
plaintiff
entering
declaratory
judgment
therefore
stronger
injunctive
medicine
unnecessary
doran
supra
correct
generally
enjoin
enforcement
criminal
statute
even
though
unconstitutional
spielman
motor
dodge
since
uch
result
seriously
impairs
state
interest
enforcing
criminal
laws
implicates
concerns
federalism
lie
heart
younger
doran
supra
absolute
policy
circumstances
injunctive
relief
may
appropriate
justify
interference
must
exceptional
circumstances
clear
showing
injunction
necessary
order
afford
adequate
protection
constitutional
rights
spielman
motor
supra
situation
noted
three
successive
prosecutions
undertaken
maynard
span
five
weeks
quite
different
claim
federal
equitable
relief
prosecution
threatened
first
time
threat
repeated
prosecutions
future
wife
effect
continuing
threat
ability
perform
ordinary
tasks
daily
life
require
automobile
sufficient
justify
injunctive
relief
cf
douglas
city
jeannette
therefore
unwilling
say
district
limited
granting
declaratory
relief
determined
district
required
stay
hand
either
appellee
turn
merits
maynards
claim
district
held
covering
state
motto
live
free
die
automobile
license
plate
maynard
engaging
symbolic
speech
new
hampshire
interest
enforcement
defacement
statute
sufficient
justify
restriction
appellee
constitutionally
protected
expression
find
unnecessary
pass
symbolic
speech
issue
since
find
appropriate
first
amendment
grounds
affirm
judgment
district
turn
instead
view
essence
appellees
objection
requirement
display
motto
live
free
die
automobile
license
plates
succinctly
summarized
statement
made
maynard
affidavit
filed
district
refuse
coerced
state
advertising
slogan
find
morally
ethically
religiously
politically
abhorrent
app
begin
proposition
right
freedom
thought
protected
first
amendment
state
action
includes
right
speak
freely
right
refrain
speaking
see
board
education
barnette
murphy
concurring
system
secures
right
proselytize
religious
political
ideological
causes
must
also
guarantee
concomitant
right
decline
foster
concepts
right
speak
right
refrain
speaking
complementary
components
broader
concept
individual
freedom
mind
illustrated
recent
case
miami
herald
publishing
tornillo
held
unconstitutional
florida
statute
placing
affirmative
duty
upon
newspapers
publish
replies
political
candidates
criticized
concluded
requirement
deprived
newspaper
fundamental
right
decide
print
omit
faced
penalties
accrue
newspaper
published
news
commentary
arguably
within
reach
statute
editors
might
well
conclude
safe
course
avoid
controversy
therefore
operation
florida
statute
political
electoral
coverage
blunted
reduced
right
access
inescapably
dampens
vigor
limits
variety
public
debate
new
york
times
sullivan
omitted
new
hampshire
statute
effect
requires
appellees
use
private
property
mobile
billboard
state
ideological
message
suffer
penalty
maynard
already
condition
driving
automobile
virtual
necessity
americans
maynards
must
display
live
free
die
hundreds
people
day
fact
individuals
agree
thrust
new
hampshire
motto
test
americans
also
find
flag
salute
acceptable
first
amendment
protects
right
individuals
hold
point
view
different
majority
refuse
foster
way
new
hampshire
commands
idea
find
morally
objectionable
identifying
maynards
interests
implicating
first
amendment
protections
end
inquiry
however
must
also
determine
whether
state
countervailing
interest
sufficiently
compelling
justify
requiring
appellees
display
state
motto
license
plates
see
two
interests
advanced
state
display
motto
facilities
identification
passenger
vehicles
promotes
appreciation
history
individualism
state
pride
state
first
points
passenger
vehicles
commercial
trailer
vehicles
required
display
state
motto
thus
argument
proceeds
officers
law
easily
able
determine
whether
passenger
vehicles
carrying
proper
plates
however
record
reveals
new
hampshire
passenger
license
plates
normally
consist
specific
configuration
letters
numbers
makes
readily
distinguishable
types
plates
even
without
reference
state
motto
even
credit
state
reasons
even
though
governmental
purpose
legitimate
substantial
purpose
pursued
means
broadly
stifle
fundamental
personal
liberties
end
narrowly
achieved
breadth
legislative
abridgment
must
viewed
light
less
drastic
means
achieving
basic
purpose
shelton
tucker
footnotes
omitted
state
second
claimed
interest
ideologically
neutral
state
seeking
communicate
others
official
view
proper
appreciation
history
state
pride
individualism
course
state
may
legitimately
pursue
interests
number
ways
however
state
interest
disseminate
ideology
matter
acceptable
interest
outweigh
individual
first
amendment
right
avoid
becoming
courier
message
conclude
state
new
hampshire
may
require
appellees
display
state
motto
upon
vehicle
license
plates
accordingly
affirm
judgment
district
affirmed
footnotes
maynard
described
objection
state
motto
religious
training
belief
believe
government
jehovah
kingdom
offers
everlasting
life
contrary
belief
give
life
state
even
meant
living
bondage
although
obey
laws
state
conflict
conscience
slogan
directly
odds
deeply
held
religious
convictions
also
disagree
motto
political
grounds
believe
life
precious
freedom
affidavit
george
maynard
app
time
suit
commenced
appellees
owned
two
automobiles
toyota
corolla
plymouth
station
wagon
automobiles
registered
new
hampshire
maynards
domiciled
may
june
maynard
actually
snipped
words
die
license
plates
covered
resulting
hole
well
words
live
free
tape
done
according
maynard
neighborhood
children
kept
removing
tape
maynards
since
issued
new
license
plates
disavowed
intention
physically
mutiliating
appellees
sought
injunctions
future
criminal
prosecutions
violation
statutes
injunction
requiring
future
years
issued
license
plates
bear
state
motto
several
months
elapsed
issuance
temporary
restraining
order
hearing
merits
delay
occasioned
request
state
pending
consideration
bill
new
hampshire
legislature
made
inclusion
state
motto
passenger
vehicle
license
plates
optional
car
owner
bill
failed
gain
enactment
district
refused
order
state
new
hampshire
issue
maynards
license
plates
without
state
motto
although
noted
evidence
record
new
hampshire
easily
see
supra
offense
continued
sentence
see
supra
district
found
collateral
consequences
attach
result
unless
maynard
arrested
prosecuted
violation
nhrsa
time
future
totality
appellants
arguments
accepted
action
never
brought
enjoin
state
criminal
prosecutions
according
appellants
younger
principles
bar
maynard
seeking
injunction
already
subjected
prosecution
maynard
argue
effect
action
premature
prosecution
instituted
since
two
spouses
similarly
situated
fact
one
prosecuted
one
fail
see
appellants
argument
ever
leave
room
federal
intervention
note
appellees
claim
symbolic
expression
substantially
undermined
prayer
district
issuance
special
license
plates
bearing
state
motto
see
supra
hardly
consistent
stated
intent
communicate
affirmative
opposition
motto
whether
view
appellees
present
practice
covering
motto
tape
sufficiently
communicative
sustain
claim
symbolic
expression
display
expurgated
plates
requested
appellees
surely
satisfy
standard
see
supra
spence
washington
justice
brennan
join
note
require
certain
documents
bear
seal
state
official
stamp
purposes
recordation
seal
might
contain
albeit
obscurely
symbol
motto
political
philosophical
implications
purpose
seal
however
advertise
message
bears
simply
authenticate
document
showing
authority
origin
chief
police
lebanon
testified
enforcement
motor
vehicle
laws
facilitated
state
motto
appearing
noncommercial
license
plates
benefits
ease
distinguishing
new
hampshire
license
plates
similar
colors
ease
discovering
misuse
license
plates
instance
use
trailer
license
plate
vehicle
brief
appellants
new
hampshire
passenger
vehicle
license
plates
generally
consist
two
letters
followed
four
numbers
license
plate
category
displays
combination
category
bears
state
motto
see
supra
however
approximately
passenger
plates
new
hampshire
follow
regular
pattern
displaying
numbers
preceded
letters
app
appellants
explain
advocacy
values
enhanced
display
private
citizens
cars
cars
officials
governor
justices
members
congress
sheriffs
see
supra
suggested
today
holding
read
sanctioning
obliteration
national
motto
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trust
coins
currency
question
us
today
note
currency
passed
hand
hand
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significant
respects
automobile
readily
associated
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currency
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carried
purse
pocket
need
displayed
public
bearer
currency
thus
required
publicly
advertise
national
motto
justice
white
justice
blackmun
justice
rehnquist
join
part
dissenting
part
steffel
thompson
held
state
proceedings
pending
threatened
declaratory
judgment
may
entered
respect
state
statute
issue
without
regard
strictures
younger
harris
steffel
left
open
whether
injunction
also
issue
circumstances
doran
salem
inn
approved
issuance
federal
preliminary
injunction
threatened
state
prosecution
pending
decision
declaratory
judgment
subject
stringent
standards
cause
district
weigh
carefully
interests
sides
since
prohibiting
enforcement
state
criminal
law
federal
plaintiff
even
pending
final
resolution
case
seriously
impairs
state
interest
enforcing
criminal
laws
implicates
concerns
federalism
lie
heart
younger
although
finding
issuance
preliminary
injunction
abuse
discretion
case
also
distinguished
preliminary
injunction
pendente
lite
permanent
injunction
successful
conclusion
federal
case
district
generally
protect
interests
federal
plaintiff
entering
declaratory
judgment
therefore
stronger
injunctive
medicine
unnecessary
ibid
doran
thus
true
teachings
douglas
city
jeannette
held
injunction
threatened
state
criminal
prosecutions
issue
even
though
underlying
state
statute
already
invalidated
relying
established
rule
courts
equity
ordinarily
restrain
criminal
prosecutions
threatened
prosecution
even
though
alleged
violation
constitutional
guaranties
ground
equity
relief
ibid
injunction
issue
upon
showing
danger
irreparable
injury
great
immediate
citing
authorities
effect
relied
younger
harris
supra
cited
cases
exhaust
authorities
effect
criminal
prosecutions
pending
ruled
federal
equity
enter
injunction
general
rule
equity
interfere
prevent
enforcement
criminal
statute
even
though
unconstitutional
justify
interference
must
exceptional
circumstances
clear
showing
injunction
necessary
order
afford
adequate
protection
constitutional
rights
spielman
motor
dodge
plainly
departed
teaching
cases
whole
point
douglas
city
jeannette
admonition
injunctive
relief
declaratory
judgment
issued
equitable
relief
depend
existence
unusual
circumstances
thereafter
state
enforcement
statute
prior
declaration
unconstitutionality
federal
appear
performance
duty
state
law
enforcement
officers
much
prior
declaration
unconstitutionality
amounts
unusual
circumstances
sufficient
warrant
injunction
standard
obviously
seriously
eroded
cases
therefore
required
shown
opinion
reveals
affirm
issuance
injunction
extent
dissent
justice
rehnquist
justice
blackmun
joins
dissenting
holds
state
barred
federal
constitution
requiring
state
motto
displayed
state
license
plate
path
travels
reach
result
demonstrates
difficulty
supporting
holds
required
display
motto
unconstitutional
required
affirmation
belief
district
however
expressly
refused
consider
contention
noted
analogous
case
decision
new
hampshire
reached
precisely
opposite
result
see
state
hoskin
district
found
appellees
ground
obscuring
motto
protected
symbolic
speech
relying
upon
ground
expressly
avoided
district
appears
disagree
ground
adopted
district
indeed
points
appellees
claim
symbolic
expression
substantially
undermined
complaint
action
ante
agree
implicit
recognition
protected
symbolic
speech
case
think
conclusion
goes
far
undermine
ultimate
holding
element
protected
expression
state
forced
appellees
say
anything
forced
communicate
ideas
nonverbal
actions
reasonably
likened
speech
wearing
lapel
button
promoting
political
candidate
waving
flag
symbolic
gesture
state
simply
required
noncommercial
automobiles
bear
license
tags
state
motto
live
free
die
appellees
forced
affirm
reject
motto
simply
required
state
police
power
carry
state
auto
license
tag
identification
registration
purposes
part
relies
almost
solely
board
education
barnette
cites
barnette
proposition
constitutional
right
cases
refrain
speaking
ante
demonstrate
speech
speaking
context
case
also
relies
upon
right
decline
foster
religious
political
ideological
concepts
treats
state
law
case
forcing
appellees
proselytize
advocate
ideological
point
view
begs
question
issue
unconfronted
whether
appellees
displaying
required
state
license
tags
format
known
prescribed
state
considered
advocating
political
ideological
views
recognizes
must
case
substantially
differs
barnette
schoolchildren
forced
recite
pledge
allegiance
giving
flag
salute
ante
however
difference
essentially
one
degree
ante
recognized
rather
obvious
differences
two
cases
explain
result
obtain
suggests
test
whether
individual
forced
instrument
fostering
public
adherence
ideological
point
view
finds
unacceptable
ibid
merely
conclusory
words
barren
analysis
example
new
hampshire
erect
multitude
billboards
proclaiming
live
free
die
tax
citizens
cost
erection
maintenance
clearly
message
fostered
individual
clearly
individuals
instruments
communication
certainly
however
case
fall
within
ambit
barnette
case
case
affirmation
belief
first
amendment
principles
implicated
state
must
place
citizen
position
either
apparently
actually
asserting
true
message
focus
barnette
clearly
distinguishes
case
one
holding
new
hampshire
statute
run
afoul
holding
barnette
new
hampshire
hoskin
supra
aptly
articulated
required
affirmation
belief
case
defendants
membership
class
persons
required
display
plates
bearing
state
motto
carries
implication
subject
requirement
endorse
motto
profess
adopt
matter
belief
logic
opinion
leads
startling
believe
totally
unacceptable
results
example
mottoes
god
trust
pluribus
unum
appear
coin
currency
imagine
statutes
see
proscribing
defacement
currency
impinge
upon
first
amendment
rights
atheist
fact
atheist
carries
uses
currency
meaningful
sense
convey
affirmation
belief
part
motto
god
trust
similarly
affirmation
belief
involved
display
state
license
tags
upon
private
automobiles
involved
reverse
judgment
district
see
ante
de
minimis
exceptions