First Amendment

Nev. High Court Allows ‘Hoe’ License Plate, Despite DMV’s Misgivings

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The Nevada Supreme Court says a Las Vegas man should be able to get the word “hoe” on his license plate, despite an Urban Dictionary definition that says it is slang for “whore.”

Plaintiff William Junge obtained the Hoe plate in 1999 for his Chevy Tahoe after he was told “Tahoe” was not available. He told the Associated Press the word referred to his car model, not prostitutes. But in 2006, a supervisor in the Department of Motor Vehicles consulted the Urban Dictionary and decided the plate was not appropriate. Administrative hearing officers agreed.

The Nevada Supreme Court noted Junge’s reason for obtaining the plate and his argument that slang for “whore” is “ho,” not “hoe.” It also said the DMV determines whether a word is offensive by consulting only the Urban Dictionary, an online dictionary with definitions from anonymous contributors. The dictionary admits it can’t control all its content, nor guarantee the accuracy of its definitions.

“Without any review of the definitions posted on Urban Dictionary, there is a substantial danger that the definitions will not be generally accepted,” the court said in a July 7 order (PDF). “Therefore, the DMV’s practice risks prohibiting words or phrases based on meanings that are not commonly known or recognized, even as slang terms.”

Junge was represented by the American Civil Liberties Union, which saw a First Amendment violation in the DMV’s decision, AP says. The Nevada Supreme Court, however, didn’t reach the First Amendment issue, finding that the DMV decision was not supported by substantial evidence.

Hat tip to How Appealing.

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