WASHINGTON — In a dispute over a proposed Confederate flag license plate, the Supreme Court struggled Monday to balance worries about censorship and concerns that offensive messages could incite violence.
The justices heard arguments in a case over Texas’ refusal to issue a license plate bearing the flag. Nine states allow drivers to display plates with the flag, which remains a potent image of heritage and a racially charged symbol of repression.
Specialty plates are big business in Texas. They brought in $17.6 million last year, and there are nearly 450 to choose from.
The state turned down a request by the Sons of Confederate Veterans for a plate with its logo bearing the flag. The group’s lawsuit led to Monday’s hearing.
The justices seemed uncomfortable with arguments advanced by both sides — the state in defense of its actions and the Sons of Confederate Veterans in their appeal for the symbol.
If the court finds the state must permit the flag on license plates, Justice Ruth Bader Ginsburg asked, would it be forced also to allow plates with a swastika, the word “jihad” or a call to make marijuana legal?
The result of such a ruling, Justice Anthony Kennedy said, probably would be the end of the state’s program of allowing many specialized license plates, and a loss of free speech.
