Wooley v. Maynard

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Oral Argument
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Opinion Announcement
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Advocates
Richard S. Kohn (Argued the cause for the appellees)
Robert V. Johnson, II (Argued the cause for the appellants)
Case Basics
Docket No.: 
75-1453
Appellee: 
Maynard
Appellant: 
Wooley
Decided By: 
Burger Court (1975-1981)
Opinion: 
430 U.S. 705 (1977)
Categories: 
jurisdiction, freedom of speech, first amendment

Cite this page
The Oyez Project, Wooley v. Maynard , 430 U.S. 705 (1977)
available at: (http://oyez.org/cases/1970-1979/1976/1976_75_1453)
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."

Decisions

Decision: 6 votes for Maynard, 3 vote(s) against
Legal provision: Free Exercise of Religion

Sort by Seniority

Voted with the majority
Brennan
Voted with the majority
Marshall
Voted with the majority
Stevens
Wrote a dissent
White
Voted with the majority
Stewart
Voted with the minority, joined White's dissent, joined Rehnquist's dissent
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Burger
Wrote a dissent, joined White's dissent
Rehnquist

Full Opinion by Justice Warren E. Burger