Virginia to Appeal License Plate Ruling to Supreme Court

The state aims to overturn an appellate ruling that classified vanity license plates as private expression protected by law.

Updated on Oct. 28, 2026 in Law

Virginia to Appeal License Plate Ruling to Supreme Court

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Should states have the power to censor personal messages on vanity license plates?

Attorney General Jay Jones is scheduled to file a petition with the U.S. Supreme Court on October 29, 2026, to review a Fourth Circuit ruling regarding vanity license plates. The state seeks to challenge the court's recent determination that these plates constitute private expression rather than government speech.

Why it matters

The case carries significant implications for state authority over public displays on government-issued items. By challenging the appellate court, Virginia officials hope to clarify the limits of First Amendment protections as they apply to personalized vehicle identification.

The attorney general's office is filing a cert petition on October 29, 2026, regarding a legal battle that has lasted 21 months. Officials are basing the appeal on state code granting the commissioner discretion to reject plates perceived as profane or obscene.

The players

Jay Jones

Jay Jones serves as the Attorney General of Virginia and is leading the effort to appeal the Fourth Circuit decision.

Curtis Whateley

Curtis Whateley is a resident of Lynchburg who initiated the lawsuit after his personalized license plate was revoked.

Virginia Department of Motor Vehicles

The Virginia Department of Motor Vehicles is the state agency responsible for the administration and oversight of license plate policies.

U.S. Court of Appeals for the Fourth Circuit

The U.S. Court of Appeals for the Fourth Circuit is the federal court that previously ruled the plates constitute private expression.

The details

The dispute began when the Virginia Department of Motor Vehicles Personalized License Plate Review Board revoked a plate featuring the text FTP&ATF following a complaint. While a district court initially dismissed the lawsuit filed by Curtis Whateley, the Fourth Circuit vacated that ruling in July 2026.

Spring 2024: The DMV Personalized License Plate Review Board revoked the vanity license plate.
May 2025: The U.S. District Court for the Western District of Virginia dismissed the lawsuit.
July 31, 2026: The U.S. Court of Appeals for the Fourth Circuit vacated the district court ruling.
October 29, 2026: The attorney general is set to file a petition with the Supreme Court.
Spring 2027: The Supreme Court could potentially hear oral arguments in the case.

Political Context

Legal scholars note that this case challenges the boundaries established by the 2015 Supreme Court ruling in Walker v. Texas Division, Sons of Confederate Veterans, which previously addressed government speech on license plates. The state's opposition may argue that granting unlimited private expression on state property undermines the government's ability to maintain public decorum.

This case will ultimately determine the scope of personalization allowed for Virginia drivers on their state-issued license plates. Depending on the final Supreme Court decision, the DMV may need to update its standards for what constitutes acceptable language on personalized plates.

The takeaway

The outcome of this appeal will likely set a national standard for whether states can restrict certain messages on vanity plates. Residents should anticipate potential updates to DMV review policies once the judiciary reaches a final conclusion on this matter.

What happens next

The Supreme Court could potentially hear oral arguments regarding this case as early as spring 2027, with a formal ruling possible by mid-summer 2027.