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Supreme Court to decide if Texas can ban Confederate flag license plate

The Sons of Confederate Veterans said a Confederate flag on its license plate is a symbol of "Southern heritage" while Texas disagrees.

By Frances Burns

WASHINGTON, Dec. 5 (UPI) -- The U.S. Supreme Court agreed Friday to hear a case on whether Texas violated the First Amendment by banning a specialty license plate with a Confederate flag.

The plate was proposed by the Sons of Confederate Veterans. A federal judge backed the state, but the 5th Circuit appeals court ruled 2-1 that the decision violated the group's free speech rights.

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The Sons of Confederate Veterans argues the flag is "a symbol of sacrifice, independence and Southern heritage." Texas said many residents find the Confederate flag offensive, viewing it as a "symbol of hate and oppression."

The court has not agreed to hear another appeal involving a license plate sought by an anti-abortion group in North Carolina. The 4th Circuit ruled in that case that the state would have to allow abortion rights groups to get specialty plates if it allowed the "Choose Life" plate.

"Apparently, North Carolina wishes to celebrate only some interests of some of its citizens -- namely, those with which it agrees. This it may not do," the court said.

Texas in court papers said the appeals court ruling could require "absurdities" like requiring the state to issue plates supporting drunken driving because Mothers Against Drunk Driving has a specialty plate.

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The court is expected to rule in June after hearing arguments in the spring.

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