It seems clear that Texas cannot constitutionally forbid the display of the Confederate flag on a license plate because others might find it "offensive or disagreeable." But it is not so simple. Is the government discriminating among private speakers, or is it expressing only the messages it wishes to convey?
The last time I wrote about this issue, about the deportation of adopted people who were born in other countries after committing crimes in the U.S., was over two years ago. I said then, and I repeat in light of this new case today, that criminals should absolutely be punished -- but sending them to a place where they know no one and don't speak the native language is simply appalling.
Times have changed. In the not-too-distant past, prenuptial agreements were not for everyone. The vast majority of people got married without one. The general consensus was that such agreements were only for the 'rich and famous.' In today's climate, people are seemingly more sophisticated than in the past.
Last summer, the City of Seattle passed a law that will raise the city's minimum wage to $15 per hour. But in a bizarre twist, Ronald McDonald and friends are suing the city and complaining that the new minimum wage violates a constitutional provision that was written to protect newly-freed slaves after the Civil War.
The impact of technology on law is moving forward with all the subtlety of a charging rhinoceros, transforming traditional practice and spawning new forms of "legal service" delivery. Surprisingly, many expect that the swirling events will just enhance the existing system, leaving it essentially intact, but with certain processes improved.