South Dakota Admits Vanity Plate 'Decency' Standard Unconstitutional

Change follows ACLU lawsuit on behalf of business owner denied 'REZWEED' plate

South Dakota officials will no longer deny applications for personalized license plates based on whether the plate's message is deemed to be 'offensive to good taste and decency'.
The change is part of a settlement state officials reached in a lawsuit filed by the American Civil Liberties Union on behalf of Lyndon Hart, whose application for a vanity plate reading 'REZWEED' was denied.
Hart runs a business called Rez Weed Indeed, which he uses to support the legal selling and use of marijuana on Native American reservations.
As part of the settlement, state officials agreed to issue the 'REZWEED' plate to Hart, as well as the plates 'REZSMOK' and 'REZBUD', that will not be later recalled 'so long as personalized plates are allowed by the legislature.'
Federal courts have ruled that license plates are a legitimate place for personal and political expression, and courts throughout the country have struck down similar laws.