BREAKING - Gov. McAuliffe orders Confederate flags off Viriginia license plates

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45. Where do you find anything about state governments being required to treat all citizens equally

in the Supreme Court decision? Governments don't treat everyone equally all the time. The issue in such a case is whether the distinctions drawn violate the Equal Protection Clause and there is almost no way a case complaining that the state allowed Confederate Flag plates could provide the basis for a successful case under the Equal Protectin Clause as it has been interpreted and applied.

The basis for the Court's decision was not that the state has to treat everyone the same -- it was, if anything, exactly the opposite. It was that because the state was the speaker, it could speak however it damn well wanted. Nothing in the decision compelled Texas to refuse to issue the Confederate flag plate. The decision leaves the state free to allow it or not as it so decides. As one progressive First Amendment scholar, Geoffrey Stone of the U of Chicago law school, has pointed out, under the decision, Texas could decide tomorrow to allow "Pro LIfe" plates and refuse to authorize "Pro Choice" plates. It could allow plates that with a Pro Gun RIghts message and not allow a "Gun control" plate.

While I'm glad that the state of Texas refused to issue the Confederate flag plate and that my Governor in Virginia is taking steps to prevent such plates from being used here, I do have some qualms about the Court's decision for the reasons stated by Prof. Stone.