United States Second Circuit

In a case involving a dispute over "Choose Life" custom license plates and the constitutionality of New York's custom license plate program, the decision of the district court is reversed where: 1) NY's custom license plates constitute private speech and the plates themselves are a non-public forum; 2) plaintiff's facial challenge fails because New York's custom plate program did not impermissibly vest the DMV Commissioner with unbridled discretion in approving custom plate designs; 3) the program, as applied in this case, was reasonable and viewpoint neutral, which is all the First Amendment requires of restrictions on expression in a non-public forum.

Appellate Information

• Decided 05/22/2015
• Published 05/22/2015

Judges

• POOLER

Court

• United States Second Circuit

Counsel