The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, November 29, 1976
Decision: Wednesday, April 20, 1977
Issues: First Amendment, Free Exercise of Religion
Categories: first amendment, freedom of speech, jurisdiction

Advocates

Robert V. Johnson, II (Argued the cause for the appellants)
Richard S. Kohn (Argued the cause for the appellees)

Facts of the Case

A New Hampshire law required all noncommercial vehicles to bear license plates containing the state motto "Live Free or Die." George Maynard, a Jehovah's Witness, found the motto to be contrary to his religious and political beliefs and cut the words "or Die" off his plate. Maynard was convicted of violating the state law and was subsequently fined and given a jail sentence.

Question

Did the New Hampshire law unconstitutionally interfere with the freedom of speech guaranteed by the First Amendment?

Conclusion

In a 6-to-3 decision, the Court held that New Hampshire could not constitutionally require citizens to display the state motto upon their vehicle license plates. The Court found that the statute in question effectively required individuals to "use their private property as a 'mobile billboard' for the State's ideological message." The Court held that the State's interests in requiring the motto did not outweigh free speech principles under the First Amendment, including "the right of individuals to hold a point of view different from the majority and to refuse to foster. . .an idea they find morally objectionable."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Maynard, 3 vote(s) against
Legal Provision: Free Exercise of Religion
Wrote the majority opinion
Burger
Voted with the majority
Brennan
Voted with the majority
Stewart
Wrote a dissent
White
Voted with the majority
Marshall
Voted with the minority, joined White's dissent, joined Rehnquist's dissent
Blackmun
Voted with the majority
Powell
Wrote a dissent, joined White's dissent
Rehnquist
Voted with the majority
Stevens
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Wooley v. Maynard, 430 U.S. 705 (1977),
available at: <http://www.oyez.org/cases/1970-1979/1976/1976_75_1453/>
(last visited ).