Wooley v. Maynard

In Wooley v. Maynard, 430 U.S. 705 (1977), George and Maxine Maynard, followers of the Jehovah's Witnesses faith, were charged for covering up the "Live Free or Die" motto on New Hampshire's license plates. Mr. Maynard testified that he found the slogan "morally, ethically, religiously and politically abhorrent." Id. at 712. The Court stated that the freedom of thought protected by the First Amendment includes both the right to speak and the right to refrain from speaking at all. Id. "A system which secures the right to proselytize religious, political, and ideological causes must also guarantee the concomitant right to decline to foster such concepts." 430 U.S. at 714. The Court concluded that New Hampshire's statute required that the Maynards use their private property as a "mobile billboard" for the State's ideological message and therefore implicated the protection of the First Amendment protection. The Court then continued their analysis to determine whether the State's countervailing interest was sufficiently compelling to justify requiring the Maynards to display the state motto on their license plate. 430 U.S. at 715-16. The State offered two interests advanced by the display of the motto: (1) facilitating the identification of passenger vehicles and; (2) promoting appreciation of history, individualism, and state pride. The Court found that the specific configuration of the letters and numbers already distinguished passenger vehicles from other types of plates. The State's second claimed interest, the Court found, was not ideologically neutral: "the State is seeking to communicate to others an official view as to proper 'appreciation of history, state pride, and individualism. . . . Where the State's interest is to disseminate an ideology, no matter how acceptable to some, such interest cannot outweigh an individual's First Amendment right to avoid becoming the courier for such message." 430 U.S. at 717.