The Indiana Supreme Court on Friday ruled in favor of the Indiana Bureau of Motor Vehicles in a lawsuit regarding personalized license plates.
A Greenfield police officer in 2013, with approval from the Fraternal Order of Police, had a license plate that read "0INK," but the BMV revoked it, calling it inappropriate.
The ACLU of Indiana sued the BMV on behalf of the officer, saying its policy violates free speech rights.
But the Indiana Supreme Court has now sided with the BMV, ruling license plates are government speech, meaning the bureau can regulate personalized plates.
The BMV says it's currently "evaluating the specifics of the ruling and will have more information about how the program will move forward as soon as possible."
And Indiana Attorney General Greg Zoeller says it appreciates the court's "striking a careful balance."
"After all, the purpose of license plates is for public safety so that law enforcement can readily identify vehicles on the road; and motorists have many other options for First Amendment expression of personal statements on their vehicles beyond state license plates," Zoeller says.
ACLU of Indiana Legal Director Ken Falk says the organization is disappointed in the ruling and may seek review in the United States Supreme Court. He added the classification of license plates as government speech could have many unforeseen implications.
"I think people will be surprised to learn that when they sit at home and craft out a message saying, 'Go Purdue,' that somehow now becomes government speech," Falk says. "I think all of us, either when we're making personalized license plates or viewing on the highway or the streets a personalized license plate assume that is private speech."
The court's decision reversed a previous trial court ruling that ruled in favor of the ACLU, saying the law that authorized the BMV to refuse to issue personalized license plates was unconstitutional.
