Congressional Digest

Supreme Court Debates May 2015 No. 5 Vol. 18
Ohio, Arkansas, Colorado, et al., Amici Curiae

The Confederate Flag and Free Speech

Expression on State-Issued License Plates

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Ohio, Arkansas, Colorado, et al., Amici Curiae

Eric E. Murphy, Counsel of Record

Ohio, Arkansas, and Colorado are joined in this brief by eight other States. Eric E. Murphy is the solicitor general for the State of Ohio. The following is excerpted from the Amicus Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on January 7, 2015. The Fifth Circuit’s holding that speech on specialty license plates must satisfy a broad viewpoint-neutrality rule lacks merit. Starting with the practical perspective, in Pleasant Grove City v. Summum (2009), the Court looked to the “consequences” of adopting a viewpoint-neutral test for monuments in public parks when holding that those monuments qualify as…

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