Appeals Court Hears Arguments in "Shthpns" Case

There are many varieties of vanity license plates in Vermont, but "Shthpns" may not be among them if a federal appeals court rules against its owner.

The 2^nd U.S. Circuit Court of Appeals recently heard oral arguments in a case involving the First Amendment rights of a Vermont woman and her right to display vanity license plates with the letters "Shthpns."

Paula Perry ordered and received the vanity plates for her pick-up truck in 1997, however the Department of Motor Vehicles decided a year later to confiscate the tags based on a state policy against using license plates that may be "offensive or confusing" to the general public. Perry’s attorney argued that the plate could just as easily be construed to mean "shout happiness," as "shit happens."

A Vermont administrative law judge reinstated the plates by ruling that the state did not follow their own procedures in revoking the tags. A lower court then sided with the state and dismissed the case. Now the case is before the federal appeals court where judges will weigh Ms. Perry’s freedom of expression against the state’s ability to censor personalized license plates.

Ms. Perry’s attorney argued that the state should not be allowed to utilize viewpoint discrimination in deciding which messages drivers are able to put on their license plates. He also objected to the state’s argument that it appears that the state is endorsing the "Shthpns" message by allowing Ms. Perry to use the tags. He pointed out that the state allows such license plates as "pooper" and "cowpies" and plates with similar spellings such as "shtrbug."

It is now up to the appeals court to decide whether or not "Shthpns" in Vermont.

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