Roach v. Stouffer, No. 08-1429.
The State of Missouri allows drivers to obtain specialty license plates that contain a specific message or symbol from a sponsoring organization instead of the state moniker of “Show Me State.” Under Mo. Rev. Stat. 301.3150, a private organization can apply for a specialty license plate for its organization. Applications are reviewed by the Joint Committee on Transportation Oversight (“Joint Committee”). Based on Mo. Rev. Stat. 21.795(6), the Joint Committee cannot approve of any application if it receives a signed petition from five house members or two senators.
When Kevin Roach, founder, president, and chairman of Choose Life of Missouri, Inc., applied for a “Choose Life” specialty license plate, he complied with all of the requirements, but two pro-choice senators submitted a letter opposing the specialty license plates. Accordingly, the Joint Committee denied the application. Roach filed suit against the state, arguing that the specialty license plate scheme violated his right to free speech, due process, and equal protection under the United States Constitution and right to free speech under the Missouri Constitution. The trial court struck down Mo. Rev. Stat. 21.795(6) as unconstitutionally overbroad and ordered issuance of the “Choose Life” specialty plates.
On appeal, the Eighth Circuit Court of Appeals noted that it must first determine whether specialty license plates constituted government or private speech. After reviewing decisions from multiple circuits, the court followed the majority of circuits in holding that specialty license plates are private speech. The court noted that, under the circumstances, a reasonable person would understand that the vehicle owner took the initiate to purchase the license with his or her message. The court held that specialty license plate program was unconstitutional because it allowed for viewpoint discrimination.
