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“In God We Trust” and the right not to speak

“In God We Trust” and the right not to speak published on No Comments on “In God We Trust” and the right not to speak

The state of Georgia is considering a bill which requires that “In God We Trust” be on the license plates of all registered vehicles, unless the owner pays to have the slogan covered up:

Georgia SB 293 would amend current law to mandate that, starting next summer, all plates would be imprinted with the religious declaration. If someone does not wish to exhibit this statement of faith, they would be required to purchase a sticker from the state displaying the name of their county that could be used to cover “In God We Trust.”  The bill text currently available on the legislature’s website really drives home the dramatic change in attitudes by the Assembly, as you can clearly see what has been crossed out and changed. While displaying the county name is the current “default” choice for Georgia drivers and alternatively they may purchase an “In God We Trust” sticker, this bill would directly swap the two, making the religious motto the routine option.  Mandating that individuals pay money to the government in order to not flaunt religious views is absolutely ridiculous. As the website Georgia Politico aptly puts it, “In other words, if you feel the government should not be establishing a religion, you are going to have to pay to prove it.”

  …and if you do decide to prove it, it’s possible you might be targeting yourself for retaliation by anyone who considers a refusal to display the message to be an offense. Regardless of whether your reason is an actual disagreement with the sentiment or a disapproval of the requirement to display it, observers are invited to form their own interpretations and make judgments on that basis. Being forced to decide whether it’s appropriate to take this risk is particularly strange, as Secular News Daily points out, because the “In God We Trust” plate was already one of the options available to Georgia drivers.

Over at Dispatches, chaosof99 notes that even though the statement in question is the nation’s motto, a person could make a legitimate (in the eyes of the court) objection to the plates based on a violation of First Amendment rights:

Wooley v. Maynard. Came across that quite by coincidence because for a reason I no longer remember I looked up “Live free or die” on wikipedia.  Anyway, it’s unconstitutional to force people to display an opinion or sentiment against their will. The Wooley v. Maynard case is already a Supreme Court precedent for this, and also pertains to slogans on license plates.

I had not previously heard of Wooley v. Maynard, but it’s definitely a story of having courage of one’s convictions. A Jehovah’s Witness couple (the Maynards) were unwilling to display the New Hampshire state motto on their license plate and opted to cover it up. Since a New Hampshire statute deems it an offense to obscure any figures or letters on a plate, they were cited for it. George Maynard showed up in court in 1974, represented himself, and plead not guilty, citing religious objections to displaying the motto. He was found guilty but a $25 fine was suspended due to “good behavior.” The following year when he was cited again, Maynard again showed up in court and plead not guilty. He was fined $50 and given a six month sentence in the Grafton House of Corrections, which was also suspended although the court ordered him to pay $25 for the first offense. Maynard explained that he would not pay either fine as a matter of conscience, whereupon the court sentenced him to fifteen days in jail, which he served.

The following year, the Maynards sued in New Hampshire’s district court against enforcement of the original statute under which George had been cited, in response to which the judge issued a temporary restraining order against any further arrest or prosecution of them. Because the couple’s suit sought an injunction against the state of New Hampshire on the grounds of unconstitutionality, the case went to the Supreme Court, who agreed with the Maynards in a 6-to-3 decision:

New Hampshire’s statute in effect requires that appellees use their private property as a “mobile billboard” for the State’s ideological message – or suffer a penalty, as Maynard already has. As a condition to driving an automobile – a virtual necessity for most Americans – the Maynards must display “Live Free or Die” to hundreds of people each day. The fact that most individuals agree with the thrust of New Hampshire’s motto is not the test; most Americans also find the flag salute acceptable. The First Amendment protects the right of individuals to hold a point of view different from the majority and to refuse to foster, in the way New Hampshire commands, an idea they find morally objectionable.

Well said. Let’s hope that, if necessary, the same will apply to people made to display this ideological message.

Oh look, another reason not to patronize Chick-fil-A

Oh look, another reason not to patronize Chick-fil-A published on 2 Comments on Oh look, another reason not to patronize Chick-fil-A

They’re suing a t-shirt artist for having the nerve to market shirts that say “Eat more kale”:

A folk artist expanding his home business built around the words “eat more kale” says he’s ready to fight root-to-feather to protect his phrase from what he sees as an assault by Chick-fil-A, which holds the trademark to the phrase “eat mor chikin.” Bo Muller-Moore uses a hand silkscreen machine to apply his phrase, which he calls an expression of the benefits of local agriculture, on T-shirts and sweatshirts. But his effort to protect his business from copycats drew the attention of Chick-fil-A, the Atlanta-based fast-food chain that uses ads with images of cows that can’t spell displaying their own phrase on message boards.  In a letter, a lawyer for Chick-fil-A said Muller-Moore’s effort to expand the use of his “eat more kale” message “is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A’s intellectual property and diminishes its value.”Chick-fil-A, which trails only Louisville, Ky.-based KFC in market share in the chicken restaurant chain industry, has a long history of guarding its trademark, and the letter listed 30 examples of attempts by others to co-opt the use of the “eat more” phrase that were withdrawn after Chick-fil-A protested. The Oct. 4 letter ordered Muller-Moore to stop using the phrase and turn over his website, eatmorekale.com, to Chick-fil-A. Muller-Moore, 38, of Montpelier, says he won’t do that. “Our plan is to not back down. This feels like David versus Goliath. I know what it’s like to protect what’s yours in business,” he said. So he has enlisted the help of Montpelier lawyer Daniel Richardson and the intellectual property clinic at the University of New Hampshire School of Law’s Intellectual Property and Transaction Clinic. “Bo’s is a very different statement. It’s more of a philosophical statement about local agriculture and community-supported farmers markets,” Richardson said. “At the end of the day, I don’t think anyone will step forward and say they bought an ‘eat more kale’ shirt thinking it was a Chick-fil-A product.”

Original reasons not to go to Chick-fil-A here and here.

Muller-Moore’s shirts can be found at eatmorekale.com

Hat tip to Dr. X