Decision, and This Appeal Followed
REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 713 SEPTEMBER TERM, 2014 JOHN T. MITCHELL v. MARYLAND MOTOR VEHICLE ADMINISTRATION Eyler, Deborah, S., Arthur, Kenney, James. A., III (Retired, Specially Assigned), JJ. Opinion by Eyler, Deborah, S., J. Filed: November 25, 2015 John T. Mitchell applied to the Maryland Motor Vehicle Administration (“MVA”) for vanity plates bearing the letters MIERDA. The application was granted. Two years later, the MVA received a complaint from a member of the public about Mitchell’s vanity plates. It investigated and determined that “mierda” is the Spanish word for “shit.” Pursuant to a State regulation giving the MVA discretion to deny or rescind vanity plates that contain profanities, epithets, or obscenities, the MVA rescinded Mitchell’s vanity plates. Mitchell challenged the MVA’s action in a contested case hearing before an Administrative Law Judge (“ALJ”). The ALJ decided that the MVA properly exercised its discretion to rescind Mitchell’s vanity plates and that its action did not violate Mitchell’s First Amendment right to free speech. The Circuit Court for Prince George’s County upheld the decision, and this appeal followed. The novel issues before this Court are whether messages on vanity plates are government speech or private speech on government property; and if they are the latter, what degree of government restriction may be imposed on that private speech under the Free Speech Clause of the First Amendment.1 We hold that Mitchell’s vanity plate message is private speech on government property, not government speech. Under prevailing United States Supreme Court jurisprudence, Maryland vanity plates are a “nonpublic forum,” in which government restrictions on private speech will pass muster 1 The First Amendment to the United States Constitution applies to the States through the Fourteenth Amendment.
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