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This section contains the nature of the case and procedural background.

D offers specialty license plates. Citizens may propose a plate design, comprising a slogan, a graphic, or (most commonly) both. Among the plates created through the private-vendor process are plates promoting the “Keller Indians” and plates with the slogan “Get it Sold with RE/MAX.” If D approves the design, D will make it available for display on vehicles registered in Texas. P proposed a specialty license plate design featuring a Confederate battle flag. D denied the proposal because of the Confederate Battle Flag and adverse public comment. P sued D for a First Amendment violation. The District Court ruled for D. The Court of Appeals reversed; D had engaged in forbidden viewpoint discrimination. The Supreme Court granted certiorari.

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