Skip to main content

Is 'INF1DL' OK for a vanity plate?

By Danny Cevallos, CNN Legal Analyst
updated 3:51 PM EDT, Mon September 23, 2013
STORY HIGHLIGHTS
  • A Michigan man who served in Iraq was denied a vanity plate saying "INF1DL"
  • Danny Cevallos says it ran afoul of Michigan rule banning "offensive" plates
  • He says states have no business dictating what words people can put on their plates
  • Cevallos says vanity plates in general are a bad idea -- states selling people ad space

Editor's note: Danny Cevallos is a CNN legal analyst and a criminal defense attorney practicing in Philadelphia and the U.S. Virgin Islands, and an adjunct professor at Drexel University in Philadelphia.

(CNN) -- It's time to do away with vanity plates.

For the most part, vanity plates have flown under the legal radar, but the time has come for the government to give up on this constitutionally corrupt policy.

Like the lottery, vanity plates are another thinly veiled money grab by the government against its citizens.

Danny Cevallos
Danny Cevallos

A Michigan case is putting vanity plates under the spotlight.

That state's scheme is similar to many other states' vanity plate programs. On standard plates, the letter and number configuration is computer-generated and random. For an additional fee of about $30, Michigan allows vehicle owners to select their own unique letter and number configuration for their license plates -- with limitations. And that's where the constitutional trouble begins.

Michigan's Motor Vehicle Code contains a "content-based" restriction: It prohibits officials from issuing a personalized license plate "that might carry a connotation offensive to good taste and decency." And there's the constitutional problem: "offensiveness" and "good taste and decency" are in the eye of the beholder -- the beholder here being whoever is reviewing the application.

In 2012, Sgt. Michael Matwyuk decided to order a personalized license plate that would express his identity as a so-called "infidel" when he served in Iraq. "Infidel" is a term that is commonly used by both enemy forces and our own military in the current theater of war, as explained by Matwyuk. It is not a word banned by the FCC or recognized as unprotected speech.

He began by visiting the vanity plate page on Michigan's website, and clicked on an Iraq War Veteran service plate, which allows six characters for personalized plates. Because the word "infidel" contains seven letters, Matwyuk tried the shorter "INFIDL," but it was "not available."

Matwyuk got creative and typed "INF1DL" into the spaces provided, replacing the letter I with a numeral 1. It was available, and Sarge selected it.

Unfortunately, shortly after, a letter from the Department of State rejected Matwyuk's "INF1DL" plate because someone -- a person, not a website program -- determined it might carry a connotation offensive to good taste or decency.

Asking for constitutional trouble

The law as written is constitutionally suspect. First, it's vague. Read the Michigan prohibition again. Once you have, ask yourself: "Do I now clearly know which words are prohibited and which words are not?"

Put another way, if you were asked to come up with a list of offensive words, would "infidel" have been in the top 20 of your list? Top 50? If a law does not provide clear instructions on its face so that reasonable citizens can determine what speech is prohibited, then it's likely unconstitutional as written -- before it's even applied.

An additional way a scheme is unconstitutional on its face is when the person making the decisions (like the official who wrote the rejection letter to Matwyuk) has "unfettered discretion." It seems pretty clear that the website first approved Sarge's INF1DL, but then a human later vetoed it, with, apparently, unfettered discretion.

Being offended does not an offensive word make

As a society, we have fatally mixed up the concept of subjective versus objective when it comes to offensiveness. Because an individual is offended by a word, that word does not thereby become universally offensive.

Determining whether something is offensive must use an objective standard, which means society on the whole should concur that it is taboo. Too often when a single individual is offended, we make the illogical jump to conclude that the material offending one is now offensive to all.

Worse, we now deem material offensive not for its actual measured effect, but for its untested potential effect. No one was actually offended by Matwyuk's plate, likely not even the person who actually rejected it.

Rather, it was banned because the official imagined some potential offensiveness. In addition to confusing subjective versus objective in defining "offensive," we've placed government officials in the business of foreseeing the future, with an overly cautious eye.

INFIDL versus INF1DL

INFIDL is not a word. And if INFIDL is not a word, then INF1DL is definitely not a word. It has a number in it! How offensive could it possibly be? As spoken, INF1DL actually doesn't even sound like "infidel." It's pronounced "inf-number-one-del." To interpret it as the offending "infidel" in fact requires a mistake by your brain, and an error in pronunciation.

Either way, the official who rejected Matwyuk's INF1DL had to reason that the number 1 is functionally the same as the letter I. They're not even the same species. But fortunately for this government official, no one will ever discipline him for erring on the side of supercareful.

And just like that, the First Amendment can be violated. It's not really the official's fault. Someone gave him too much power. That someone is the Michigan Legislature.

If "infidel" is offensive, it's offensive because of its religious connotation only. It's not one of the seven deadly words you can't hear on TV, and it's not obscene by itself under any test of the Supreme Court.

Therefore, Michigan wades headlong into another First Amendment quagmire: entanglement with religion. The absurd discussion follows: Is CRUSDR okay? How about ATHEST?

If many different people would disagree on whether a word (or nonword) is offensive, then the statute has failed to properly instruct its citizens on what is prohibited. Worse, should our government really be volunteering for this litigation? Should your tax money be spent litigating in federal court whether IPASGAS should be stamped on a license plate?

Government selling ad space

Can I pay extra to have my passport custom "bedazzled" with rhinestones, the way people do with their iPhones? Of course not. Sometimes our government has a greater duty than entering the market for a quick buck from its citizens. And is the $30 that Michigan extracts from its citizens really worth it?

People have to be hired and extra infrastructure must be created to process those applications. Then, when they are litigated because citizens' applications are rejected, how fast do you think attorney fees burn through those state revenues?

Vanity plates serve no public interest. Vanity plates represent a state selling ad space on its property, disregarding a known constitutional risk, and then losing more money defending the practice.

Citizens already have the constitutional privilege to stencil virtually any word on their cars as it is (with the usual limitations of the First Amendment), without their government trying to make an extra buck on the few square inches that are state property

Matwyuk should have gotten his plate, but really no one should have them

If the Michigan scheme were constitutional to begin with, Matwyuk should have been entitled to his customized plate under any analysis of "offensive" that is reasonable, and not driven by neurosis.

Instead, officials employed an overly risk-averse, pre-emptive analysis. Since the official has unfettered discretion, he'll never get in trouble for the plates that never saw the light of day. Those facts may be fatal to the statute and the vanity plate scheme.

The real question is whether vanity plates are ultimately worth the constitutional and financial burdens they create. And the answer is: PRBYNOT.

Follow us on Twitter @CNNOpinion.

Join us on Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Danny Cevallos.

ADVERTISEMENT
Part of complete coverage on
updated 12:41 PM EDT, Wed April 23, 2014
Robert Hickey says most new housing development is high-end, catering to high-earners.
updated 9:17 AM EDT, Wed April 23, 2014
Alexander Motyl says as Russian President Putin snarled at Ukraine, his foreign minister was signing a conciliatory accord with the West. Whatever the game, the accord is a major stand down by Russia
updated 8:29 AM EDT, Wed April 23, 2014
Les Abend says at every turn, the stowaway teen defied the odds of discovery and survival. What pilot would have thought to look for a person in the wheel well?
updated 6:47 PM EDT, Tue April 22, 2014
Q & A with artist Rachel Sussman on her new book of photographs, "The Oldest Living Things in the World."
updated 3:58 PM EDT, Tue April 22, 2014
Martin Blaser says the overuse of antibiotics threatens to deplete our bodies of "good" microbes, leaving us vulnerable to an unstoppable plague--an "antibiotic winter"
updated 1:37 PM EDT, Tue April 22, 2014
John Sutter asks: Is it possible to eat meat in modern-day America and consider yourself an environmentalist without being a hypocrite?
updated 11:38 AM EDT, Tue April 22, 2014
Sally Kohn notes that Meb Keflezighi rightly was called an American after he won the Boston Marathon, but his status in the U.S. once was questioned
updated 8:56 AM EDT, Tue April 22, 2014
Denis Hayes and Scott Denman say on this Earth Day, the dawn of the Solar Age is already upon us and the Atomic Age of nuclear power is in decline
updated 4:36 PM EDT, Mon April 21, 2014
Retired Coast Guard officer James Loy says a ship captain bears huge responsibility.
updated 1:08 PM EDT, Mon April 21, 2014
Peter Bergen says the latest strikes are part of an aggressive U.S. effort to target militants, including a bomb maker
updated 9:45 AM EDT, Mon April 21, 2014
Cynthia Lummis and Peter Welch say 16 agencies carry out national intelligence, and their budgets are top secret. We need to know how they are spending our money.
updated 8:35 AM EDT, Mon April 21, 2014
Julian Zelizer says President Obama knows more than anyone that he has much at stake in the midterm elections.
updated 8:55 AM EDT, Tue April 22, 2014
Eric Sanderson says if you really want to strike a blow for the environment--and your health--this Earth Day, work to get cars out of cities and create transportation alternatives
updated 10:08 AM EDT, Mon April 21, 2014
Bruce Barcott looks at the dramatic differences in marijuana laws in Colorado and Louisiana
updated 4:47 PM EDT, Fri April 18, 2014
Jim Bell says NASA's latest discovery supports the notion that habitable worlds are probably common in the galaxy.
updated 2:17 PM EDT, Fri April 18, 2014
Jay Parini says even the Gospels skip the actual Resurrection and are sketchy on the appearances that followed.
updated 1:52 PM EDT, Fri April 18, 2014
Graham Allison says if an unchecked and emboldened Russia foments conflict in a nation like Latvia, a NATO member, the West would have to defend it.
updated 9:11 AM EDT, Fri April 18, 2014
John Sutter: Bad news, guys -- the pangolin we adopted is missing.
updated 2:25 PM EDT, Mon April 21, 2014
Ben Wildavsky says we need a better way to determine whether colleges are turning out graduates with superior education and abilities.
updated 6:26 AM EDT, Fri April 18, 2014
Charles Maclin, program manager working on the search and recovery of Malaysia Flight 370, explains how it works.
updated 8:50 AM EDT, Fri April 18, 2014
Jill Koyama says Michael Bloomberg is right to tackle gun violence, but we need to go beyond piecemeal state legislation.
updated 2:45 PM EDT, Thu April 17, 2014
Michael Bloomberg and Shannon Watts say Americans are ready for sensible gun laws, but politicians are cowed by the NRA. Everytown for Gun Safety will prove the NRA is not that powerful.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT