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Violating the Spirit of America at the RMV, specifically, the Spirit of the First Amendment

Somebody's Daughter and Somebody's Teacher reports her car almost failed inspection today - not because her lights or brakes or horn don't work, but because her license-plate cover obscured part of the vitally important "Spirit of America" slogan at the bottom. Sure enough, the Registry informs us of the vital importance of not covering up this vitally important part of the license plate:

Regulations require that all letters, numbers, stickers, and symbols must be clearly visible on the number plate. A number plate frame that obstructs any part of the plate is illegal, and you could be fined for having an obstructed plate.

On her drive home, Somebody's Daughter counted more than two dozen cars flagrantly violating this vitally important regulation:

... But what's the point of the law, really? Will seeing "The Spirit of America" written on a license plate make us more patriotic or something? Increase military enrollment? Stop the internal America bashing?

Regardless of the answers, the Registry of Motor Vehicles apparently doesn't employ any constitutional scholars, because the Supreme Court ruled in 1977, in Wooley v. Maynard, that a state cannot force a resident to display a motto on their license plate.

Now, that case involved a resident of a certain state who objected to its rather harsh, blunt political statement (one guess which state that was and no, it wasn't America's Dairyland) - to the point he spent 15 days in jail rather than uncover that slogan. In contrast, one might be hard pressed to fathom a reason to object to "Spirit of America" beyond the inane blandness of it. Still, the fact remains that the highest court in the land has spoken rather decisively on the issue:

The State's claimed interests in requiring display of the state motto on license plates (1) so as to facilitate the identification of passenger vehicles, and (2) so as to promote appreciation of history, individualism, and state pride, are not sufficiently compelling to justify infringement of appellees' First Amendment rights. The purpose of the first interest could be achieved by less drastic means, and the second interest cannot outweigh an individual's First Amendment right to avoid becoming the courier for the State's ideological message.

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Now, that case involved a resident of a certain state who objected to its rather harsh, blunt political statement (one guess which state that was

The resident covered up just the "Live Free Or" part?

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I almost failed because of a tag ring that my dealership had given me. Got told that I "couldn't block any text" and when I looked it up online later, I found that this was the way that they got to protect their precious motto in the face of any constitutional law. They call it "text", suggesting that it's equivalent marking as the actual license plate number.

Such a lame loophole for them to constantly flex at the gas stations for inspections...

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I think the RMV is, reasonably, insuring that there is no obstruction of the plate in any way what-so-ever. This prevents drivers from getting cute and ending up obscuring it. It's so cut and dry, I would opt for this regulation if I were running the DMV.

Whit

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...if you were driving around with the license plate holder with the name of the dealer on it. I can't believe anyone leaves those on. The dealer isn't paying you to advertise, and it looks tacky. You wouldn't leave the store's tags on your clothes, would you? Go spend $5 on a plain one already if you really need a frame around your plate.

:o)

*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
http://1smootshort.blogspot.com

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The place was called the Autohaus. I thought it was cool.

The real kicker was that the gas station mechanic who was doing the inspection wouldn't let me borrow his screwdriver for 2 minutes just to take the cover off. I had to ask some parts delivery guy who just happened to drive up at the time to use a screwdriver he had in his truck, otherwise the guy was going to slap an "R" sticker on my car! It's a total racket and one of the reasons I got rid of my car here in MA. The "safety" aspect of the inspection has gotten completely out of hand. I had a piece of exposed fender that had surface rust (no hole) and they were going to fail me for that about a year before I got rid of the car. It's just absurd.

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apply their name or insignia to your car unless you agree to it in writing.

Of course, this probably doesn't apply to those tacky licence plate frames because they can be easily removed.

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Hopefully this is in preparation for automated red light/speed enforcement.

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It is against the law for The State Of Massachusetts to force anyone to display a phrase or motto anywhere on his
or her property without consent. It is correct that in 1977 the Supreme Court ruled in the "Live Free Or Die" case that individuals in New Hampshire cannot be forced to display " Live Free Or Die". The court held that although the first amendment protects ones right to speak it also protects ones right NOT to speak. If you wish to cover up the
part of the plate that states " The Spirit Of America" you are acting within your constitutional rights. The only thing you are required to display is The State, Reg # , year of experiation, and inspect sticker. One may feel that the State of Massachusetts is not entitled to The Spirit Of America phrase as to the point that all states some how
enjoy the Spirit Of America. It's not about not loving your country or state. It's about the state taking your first amendment rights into their own hands. To the best of my knowledge this has yet to be challenged; however as an experiment I may cover up the slogan on both plates to see the result. If I get a ticket I can assure you I will appeal.
Jeremy

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The bigger problem I've had with that stupid little text on my plates was at the annual "safety" inspection. I had one of those dealer plate borders from the place where I bought my car in Maryland and I liked the name of the place (Autohaus) so I liked having it on my car. When I took it in for an otherwise completely innocuous inspection, the mechanic told me that I had to remove the border because I wasn't allowed to "cover any of the text on the plate"...as part of the *safety* inspection.

So, while you might want to fight a ticket, you're never going to win against the garage monkey that gets to decided whether you get an inspection sticker or not...and I can assure you the cop isn't going to want to hear about how you were fighting for your First Amendment rights when he's handing you a ticket for your out-of-date inspection as opposed to the covered up license plate slogan.

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Forget the garage. You are not required to have that text on your plate. If you fail the inspection, your rights are being violated. I would contact the aclu. They love cases like this. I wish I was there, I would have already filed
for a hearing in court. Don't forget, it's not about the inspection. What the state of Maryland is doing to you is
against the law as prescribed in Maynard V Whooley ( 1977 ) USSC. Don't back down!
Jeremy

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