ACLU-Nebraska: Because Freedom Can't Protect Itself

FOR IMMEDIATE RELEASE

November 17, 2011

CONTACT: Amy Miller, (402) 476-8091 in Lincoln

Tracy Hightower-Henne, (402) 905-2886 in Omaha

ACLU: A License Plate is Still Free Speech

LINCOLN – Today the American Civil Liberties Union Nebraska filled a case against the State of Nebraska Department of Motor Vehicles on behalf of Frank Shoemaker of Holbrook, NE. The complaint alleges that the Department of Motor Vehicles violated Mr. Shoemaker’s First Amendment rights when the department refused to issue him a personalized license plate reading “NE 420.”

The DMV’s policy states that message plates will be rejected if they “express, connote or imply objectionable, obscene or offensive words or phrases.” ACLU alleges that this policy oversteps government’s authority and violated Mr. Shoemaker’s rights. “There is nothing obscene or offensive about Mr. Shoemaker’s proposed plate. It’s purely political speech relating to a current ballot initiative,” said ACLU Nebraska Legal Director Amy Miller.

“The plate was not just a personal thought, but a political one,” said Mr. Shoemaker who planned on using the plate on a vehicle that is part of Proposition 19, a ballot initiative campaign to change Nebraska’s cannabis laws. “I don’t think I should be told to keep quiet just because the State doesn’t like my political views.”

Shoemaker is sponsor of Proposition 19, which was filed with the Nebraska Secretary of State around the same time Shoemaker applied for his personalized plate. “Sixteen states and the District of Columbia have legalized some form of marijuana use. This is a conversation happening around the country, so how can Nebraska say it’s illegal to even talk about it here?” asked Shoemaker.

“The 8^th Circuit federal court has already ruled that license plates are a legitimate place for personal and political expression,” said volunteer cooperating attorney Tracy Hightower-Henne of Omaha. “Nebraska’s DMV guidelines about what is acceptable for a personalized plate are too vague to give sufficient, specific standards for what plates will pass and which will be censored.”

“The State of Nebraska is picking favorites, saying what is acceptable expression using unclear and arbitrary guidelines. When this happens then all Nebraskans could have their voices squelched,” said Miller.

The full complaint can be viewed online at www.aclunebraska.org.

A link to the Proposition 19 filing can be viewed online at http://www.sos.ne.gov/elec/2012/pdf/Marijuana%20Initiative.pdf

Scottsbluff Police told marijuana legalization activists today they had to move off the public sidewalk and "stay out of sight."  The protestors have a permit to demonstrate in the Northwood Park in Scottsbluff, but when they tried to take their message to a wider audience by standing with signs on the adjoining sidewalk, they were threatened with arrest.  ACLU Nebraska has requested the police and county attorney take immediate action to protect the free speech rights of the demonstrators.

Cities can't tell you when you can and can't put up a political sign in your yard...but a lot of cities in Nebraska still have those old laws on their books.  ACLU just warned Hastings that their laws are unenforceable.  Read our letter below.  Omaha, Grand Island, Lincoln, Bellevue, Gothenburg, Central City and (as of August 27, 2010) now Hastings all have backed down from their outdated law.  Today we reached out to all four registered political parties (Republican, Democrat, Green and Libertarian) and informed the party chairs and directors that they should contact ACLU if a problem develops with one of their political signs.  If YOUR town has one of these laws, contact us so we can educate your city officials, too!

ACLU Nebraska attempted to negotiate with city officials to permit "Cures, Not Wars" to hold a rally in a city park on May 1st with no success.  The marijuana legalization group may become the subject of a lawsuit, but meanwhile will be holding an alternative rally at the State Capitol from 11 a.m. to 1 p.m.  Read our letter to the city below.