Judge says Delaware vanity plate rules allow viewpoint discrimination and are unconstitutional

5 days ago 17

DOVER, Del. (AP) — 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.” Overington filed a lawsuit that year challenging the decision, and the American Civil Liberties Union later took up her case.

“I’m very grateful that I was able to have my voice heard. What they were doing was wrong,” Overington told The Associated Press on Wednesday.

A spokesman for the Delaware Department of Transportation said the agency will review the decision before commenting on it and the future of the vanity plate program. A DOT attorn...

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