Cf. Footnote 10 For example, were New Hampshire to erect a multitude of billboards, each proclaiming "Live Free or Die," and tax all citizens for the cost of erection and maintenance, clearly the message would be "fostered" by the individual citizen-taxpayers and just as clearly those individuals would be "instruments" in that communication. Here the State's enforcement of its statute prior to the declaration of unconstitutionality by the federal court would appear to be no more than the performance of their duty by the State's law enforcement officers. The Court also relies upon the "right to decline to foster [religious, political, and ideological] concepts," ibid., and treats the state law in this case as if it were forcing appellees to proselytize, or to advocate an ideological point of view.

406 F. George and Maxine Maynard (defendants) were Jehovah’s Witnesses and considered the motto immoral and against their religious beliefs. U.S. 705, 711] An injunction is an order from a court of authority directed at someone to stop doing something that harms another person. In each of the cited cases - and they do not exhaust the authorities to the same effect - criminal prosecutions were not pending when this Court ruled that a federal   Footnote 9 A threatened prosecution "even though alleged to be in violation of constitutional guaranties, is not a ground for equity relief . persons who cover the motto "Live Free or Die" on passenger vehicle license plates because that motto is repugnant to their moral and religious beliefs. Ante, at 714-715.

] It has been suggested that today's holding will be read as sanctioning the obliteration of the national motto, "In God We Trust" from United States coins and currency. A. ] We note that appellees' claim of symbolic expression is substantially undermined by their prayer in the District Court for issuance of special license plates not bearing the state motto.

In this lesson, we will explore how the U.S. Supreme Court's decision in ''Wooley v. Maynard'' helped establish that specific right. Footnote 5

[430 In that case, as in this case, there is no affirmation of belief. With him on the brief were Jack B. Middleton, R. David DePuy, Melvin L. Wulf, and Joel M. Gora.

] At the time this suit was commenced appellees owned two automobiles, a Toyota Corolla and a Plymouth station wagon. See n. 1, supra. (1971). The primary issue was described by Chief Justice Warren E. Burger in his majority opinion: “[W]hether the State may constitutionally require an individual to participate in the dissemination of an ideological message by displaying it on his private property in a manner and for the express purpose that it be observed and read by the public.” In 1977, a 6-3 ruling found that “[t]he First Amendment protects the right of individuals to hold a point of view different from the majority and to refuse to foster, in the way New Hampshire commands, an idea they find morally objectionable.”, Drexel University, Drexel University Thomas R. Kline School of Law, 3320 Market Street, Philadelphia, PA 19104, 215.895.1529, © All Rights Reserved, Article: Lawrence Alexander on Compelled Speech, Center for Law, Policy, and Social Action, Privacy, Cybersecurity & Compliance Program, Professor Chapin Cimino: Snyder v. Phelps, Case Summary: Tinker v. Des Moines (1969), Professor Adam Benforado: Tinker v. Des Moines, Professor Lisa Tucker: Morse v. Frederick, Case Summary: Elonis v. United States (2015), Professor David Cohen: Elonis v. United States. The Court also held that that the motto represented expressive speech and that the right to speech included the right to not speak. No. U.S. 705, 720] Certainly, however, that case would not fall within the ambit of Barnette. 420 George Maynard, a Jehovah’s Witness, challenged a New Hampshire law that required all noncommercial vehicles to bear license plates containing the state motto “Live Free or Die,” because it was contrary to his religious and political beliefs. Select a subject to preview related courses: Berger opined that preventing the obscuring of the plate for vehicle identification purposes would be a sufficient government interest, but since letters and numbers were used in the identification of the vehicle and not the motto, that reason did not overcome the right to free speech.

Shelton v. Tucker, (1971). Footnote *

U.S. 452
Flipped Classrooms | What is a Flipped Classroom? 415 U.S. 705, 712] Id., at 637. Maynard sought an injunction, or court order to stop something, and a declaratory ruling, a decision on a legal issue, from the federal courts. Whether or not we view appellees' present practice of covering the motto with tape as sufficiently communicative to sustain a claim of symbolic expression, display of the "expurgated" plates requested by appellees would surely not satisfy that standard. Appellees, Maynard and his wife, who are followers of the Jehovah's Witnesses faith, view the motto as repugnant to their moral, religious, and political beliefs, and accordingly they covered up the motto on the license plates of their jointly owned family automobiles. (1935). What the Court does not demonstrate is that there is any "speech" or "speaking" in the context of this case.


[430 See Steffel v. Thompson, DOCKET NO. The breadth of legislative abridgment must be viewed in the light of less drastic means for achieving the Doran was thus true to the teachings of Douglas v. City of Jeannette, We concluded that such a requirement deprived a newspaper of the fundamental right to decide what to print or omit: New Hampshire's statute in effect requires that appellees use their private property as a "mobile billboard" for the State's ideological message - or suffer a penalty, as Maynard already has. O'Brien was convicted of burning his draft certificate and claimed that the government violated his freedom of expression rights by arresting him. Appellants argue that the District Court was precluded from exercising jurisdiction in this case by the principles of Case Summary: Wooley v. Maynard (1977) Compelled Speech. The purpose of such seal, however, is not to advertise the message it bears but simply to authenticate the document by showing the authority of its origin. ] As to the offense which was "continued for sentence," see supra, at 708, the District Court found that "[n]o collateral consequences will attach as a result of it unless Mr. Maynard is arrested and prosecuted for the violation of NHRSA 262:27-c at some time in the future." Under our cases, therefore, more is required to be shown than the Court's opinion reveals to affirm the issuance of the injunction. Wouldn't you feel horrified of what people would think of you? However, of the approximately 325,000 passenger plates in New Hampshire, 9,999 do not follow the regular pattern, displaying numbers only, preceded by no letters. 422 The First Amendment protects free speech with two clauses. U.S. 66, 73 . 13 equitable restraint enunciated in Younger v. Harris, Police soon gave Maynard another ticket, and the judge imposed a $50 fine and six months jail time, but suspended the sentence if he paid the $25 fine. [ open whether an injunction should also issue in such circumstances.

MR. JUSTICE WHITE, with whom MR. JUSTICE BLACKMUN and MR. JUSTICE REHNQUIST join in part, dissenting in part. Identifying the Maynards' interests as implicating First Amendment protections does not end our inquiry however. U.S. 705, 718] (1943).

Footnote 15 MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. On December 28, 1974, Mr. Maynard was again charged with violating 262:27-c. Under these circumstances he cannot be denied consideration of a federal remedy. 319 The Court holds that a State is barred by the Federal Constitution from requiring that the state motto be displayed on a state license plate. 2d 454 (1972). See, e. g., United States v. O'Brien, Following a hearing on the merits, The email address cannot be subscribed. The two interests advanced by the State are that display of the motto (1) facilities the identification of passenger vehicles, Case Information. ] Appellants do not explain why advocacy of these values is enhanced by display on private citizens' cars but not on the cars of officials such as the Governor, Supreme Court Justices, Members of Congress, and sheriffs. 1428. * New Hampshire statutes require that noncommercial motor vehicles bear license plates embossed with the state motto, "Live Free or Die," and make it a misdemeanor to obscure the motto. . [430 Supp., at 1389. The court suspended this jail sentence but ordered Mr. Maynard to also pay the $25 fine for the first offense. Similarly, there is no affirmation of belief involved in the display of state license tags upon the private automobiles involved here. U.S. 367, 376 [ In their complaint, the Maynards sought both declaratory and injunctive relief against the enforcement of the New Hampshire statutes. In Younger the Court recognized that principles of judicial economy, as well as proper state-federal relations, preclude federal courts from exercising equitable jurisdiction to enjoin ongoing state prosecutions.

Younger principles aside, a litigant is entitled to resort to a federal forum in seeking redress under 42 U.S.C.

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