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North Carolina Division of Sons of Confederate Veterans, Inc. v. North Carolina Department of Transportation, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1282 · judgment December 22, 2022


Certiorari denied · June 12, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Questions presented

  1. Did the district court and Fourth Circuit Court of Appeals err in applying the “Government Speech” doctrine to limit the speech of private citizens and organizations participating in a specialty license plate program which originated in a statute that did not vest the government agency with any discretion with regard to the eligibility of civic groups or the design of the civic group’s emblem?

  2. Did the district court and Fourth Circuit Court of Appeals err in failing to apply the public forum doctrine to a specialty license plate program which originated in a statute which did not vest the government agency with any discretion with regard to the design of such specialty plates other than to ensure the readability of such plates?

  3. Did the district court and Fourth Circuit Court of Appeals err in applying the “Government Speech” doctrine where there was an adequate and independent state law basis which did not implicate the Constitution to hold that the NC-DMV exceeded its authority by denying members of Petitioner the ability to obtain and display a specialty license plate?

Counsel of record

For petitioner

For respondent
Ryan Young Park
North Carolina Department of Justice

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 12 2023
    Petition DENIED.
  2. May 23 2023
    DISTRIBUTED for Conference of 6/8/2023.
  3. May 19 2023
    Reply of petitioner North Carolina Division of Sons of Confederate Veterans, Inc. filed.
  4. May 04 2023
    Brief of respondents North Carolina Department of Transportation, et al. in opposition filed.
  5. Apr 04 2023
    Response Requested. (Due May 4, 2023)
  6. Mar 29 2023
    DISTRIBUTED for Conference of 4/14/2023.
  7. Mar 28 2023
    Waiver of right of respondents North Carolina Department of Transportation, et al. to respond filed.
  8. Mar 22 2023
    Petition for a writ of certiorari filed. (Response due April 24, 2023)