WASHINGTON — In a dispute over a proposed Confederate battle flag license plate, the Supreme Court struggled Monday to balance worries about government censorship and concerns that offensive messages could, at worst, incite violence.
Nearly 150 years after the end of the Civil War, the justices heard arguments in a case over Texas’ refusal to issue a license plate bearing the battle flag. Nine other states allow drivers to display plates with the flag, which remains both a potent image of heritage and a racially charged symbol of repression.
Specialty license plates are big business in Texas. They brought in $17.6 million last year and state officials said there are now nearly 450 messages to choose from, from “Choose Life” to the Boy Scouts and hamburger chains.
The state rarely rejects a specialty plate, but it did turn down a request by the Texas division of the Sons of Confederate Veterans for a license plate with its logo bearing the battle 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.