A federal judge says Delaware’s vanity license plate program is unconstitutional because it allows for viewpoint discrimination by officials in deciding whether to approve applications
Delaware’s vanity license plate program is unconstitutional because it allows officials to discriminate against certain viewpoints when deciding whether to approve applications, a federal judge has ruled. Tuesday’s ruling came in a lawsuit filed by Kari Lynn Overington, 43, of Milton, a breast cancer survivor whose “FCANCER” license plate was recalled in 2021 because it contained a “perceived profanity.
Unlike in Delaware, Hawaii’s rules are more defined and objective, simply banning “vulgar” words while including details about which dictionary should be consulted, the judge noted. In Delaware, no vanity plate can be issued if it is “considered to be obscene” by DMV officials. The regulations also state that plates that make “unflattering statements about any particular group or raise politically sensitive issues” should be referred to top administrators for review.
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