DELAWARE - In 2021, after surviving a bought with cancer, Kari Overington celebrated by ordering a personalized, or vanity, license plate reading "FCANCER."
Overington said the plate means "Fight Cancer."
However, on review, the Delaware Division of Motor Vehicles (DMV) disagreed, and recalled the plate several months later, saying it was obscene and profane.
Overington took the DMV to court, arguing that recalling the plate violated her First Amendment rights.
This week, the U.S. District Court for Delaware agreed.
Judge Gregory B. Williams ruled that the DMV violated Overington's freedom of speech, because Delaware's regulations on the approval or rejection of vanity plates do not outline objective standards, remarking that "there is evidence that Delaware's regulatory scheme is used to exercise viewpoint discrimination." Williams cited Rosenberger v. Rector and Visitors of Univ. of Va. (1995), which said viewpoint discrimination is "an egregious form of content discrimination" and "presumptively unconstitutional."
"There should be some requirement, but I don't think it should be up to one person in the DMV," said Caroline Frantzen of Millsboro, Del.
In a statement, the Delaware Department of Transportation, the parent department of the DMV, said it's stopping the vanity plate program indefinitely as it reviews the court's orders.
Delaware drivers say that the change will protect vanity plate applicants from the court of public opinion.
"I don't think public opinion, where what they're assuming it meant, isn't her personal message, so if you're basing it on personal messages, [Overington] was in the right," said Kenzel Bunting of Millsboro, Del.
Other drivers thought that objective standards on what is and isn't acceptable will make things easier for drivers and DMV adjudicators.
"I think there definitely should be criteria about what is appropriate and what isn't appropriate, and that helps out the courts with their decision making," said Tim Wilmington of Milford, Del.
The DMV says that while the vanity plate program is paused, no new or in-process applications will be approved.
Current vanity plates are not affected and remain valid for renewal.
As for Kari Overington, she has the opportunity to approach the DMV and request reinstatement of her "FCANCER" license plate. The DMV could reinstate the plate, appeal the court's ruling, or cancel the vanity plate program altogether.
Read the complete court order here.