A federal judge said in a ruling that the lawsuit by Delaware cancer survivor Kari Lynn Overington raises a “significant constitutional issue.”
DOVER, Del. — A federal judge on Monday refused to dismiss a lawsuit filed against Delaware government officials who recalled a vanity license plate issued to a breast cancer survivor because of what the state transportation secretary described as a “perceived profanity.”
Overington responded by emailing state Transportation Secretary Nicole Majeski and asking for her help. She argued that the average person would not consider her vanity tag to be obscene. She also said court rulings in other states suggest that First Amendment rights apply to vanity tags, and that any regulations must be “viewpoint neutral.”
Overington noted in a later email that there are plenty of other “F” words in the English language, including “freedom” and that her license tag did not actually spell the word about which DMV officials were concerned. She also pointed out that the DMV itself has used implied profanity on electronic signs advising motorists to drive safely. Those messages include “Get your head out of your Apps” and “Oh Cell No.
“This lawsuit is one of those instances where an individual seeks to push the boundaries of what DMV will permit to be displayed on a vanity license plate, to allow the display of profanity,” an attorney for the state wrote.
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