Yet Again, A Freedom Of Information Act Request Results In LESS Information Being Freed

New Hampshire Man With 'COPSLIE' License Plate Wins Free Speech Battle, Lifetime Of Police Harassment

from the sir,-do-you-have-any-idea-how-fast-I've-decided-you-were-going? dept

Thu, May 15th 2014 4:02pm — Tim Cushing

A win for free speech (as expressed by vanity license plates) has just been handed down by the New Hampshire Supreme Court. The plate at the center of the case -- "COPSLIE" -- was originally deemed to be "offensive to good taste" by a lower court, which felt a "reasonable person" would be offended that the driver of this vehicle believed that cops do, in fact, lie.

And they do. They do it more often than most people think. Everyone knows it, even the judges, and yet no one does much about it, because throwing a handful of exculpatory wrenches into the criminal "justice" gears only creates headaches for those least willing to deal with them (prosecutors, judges, DAs -- basically anyone who doesn't get jailed/fined as a result of the lies). Cops lie because they're a) human beings and b) many of their incentives are perverse.

So, when David Montenegro tried to state that fact via a delivery system easily viewable by any cop he drove by, the state told him he couldn't because some "reasonable person" (most likely a cop) would be offended by his factual statement. Montenegro could have made this statement about any group (politicians, priests, parents, kids, school administrators, lawyers, the media), but he chose to highlight this aspect of policing.

Montenegro knew the DMV's lazy rationale was faulty. In fact, he proved it. He submitted a backup request -- GR8GOVT -- which was approved. So, he took his case to the state's Supreme Court, which exposed the arbitrary nature of the DMV's "reasonable person" excuse.

The challenged portion of the regulation prohibits vanity registration plates that “a reasonable person would find offensive to good taste.” The phrase “offensive to good taste” is not defined in the regulation. Further, to the extent the phrase could be construed to prohibit obscene material, we note that a separate provision in the regulation prohibits vanity registration plates that are “capable of an obscene interpretation.” …

Taken together, [the dictionary definitions of the words in the regulation] lead to various potential interpretations of the phrase “offensive to good taste.” For example, one such interpretation could be that no vanity registration plates are allowed that are “insulting to the standard of morality or virtue of individual preference.”

The DMV stated that it had a "reasonable person" standard for offensiveness while also noting that different people would naturally find different things offensive. It's one thing to have a set standard. It's quite another to deploy contradictory stances as official policy. Because when you do that, you don't actually have a policy -- you have an informal straw poll.

To the extent the DMV argues that its reasoning for denying the petitioner’s requested vanity registration plate [COPSLIE] in this case aids in interpreting the phrase “offensive to good taste,” we disagree. The DMV initially denied the petitioner’s request because several DMV employees believed the text to be “insulting.”

There's where the true issue is. The blue team protecting itself and the government in general insulating itself from criticism through arbitrary enforcement of vague policies.

So, Montenegro gets the win and the plates he always wanted. In addition to securing a bit more free speech, Montenegro will also receive a lifetime of hassling by The Man and, quite possibly, the Home Version of said hassling.

Cops may not like someone confronting them (via license plate) with the fact that many citizens don't find them particularly trustworthy. But they'd be better off just letting this plate cruise by (while being passively collected by a license plate reader) without retaliation. Montenegro's already made one point. There's no need to make the rest of his points for him.

2014028montenegro (PDF)2014028montenegro (Text)

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Filed Under: copslie, free speech, license plates, new hampshire, police harassment

33 Comments

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Anonymous Coward, 15 May 2014 @ 4:12pm

http://www.quickmeme.com/img/78/78be62f68a84116500dd40052c820fbed5ab2831658d6cd3c0836c110d35a88c.jpg
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Jacob H, 15 May 2014 @ 4:19pm

char lim
" Montenegro could have made this statement about any group (politicians, priests, parents, kids, school administrators, lawyers, the media), but he chose to highlight this aspect of policing"

Actually, that seems like it would be somewhat hard to do given a 7-8 character limit and a dearth of short synonyms for those professions (POLSLIE? PRSTSLIE? Not exactly decipherable... OK, KIDSLIE and LWYRSLIE are pretty good)
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Anonymous Coward, 15 May 2014 @ 4:24pm

I'd have changed my last name to Copslie and insisted it was pronounced 'Copslee'. Prove me wrong.

Thinking about it, Montenegro sounds kind-of furrin, maybe that had something to do with his difficulties dealing with trogs. Copslie is so much easier to say and spell.
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Anonymous Coward, 15 May 2014 @ 4:24pm

Re:
So I take it that you will never ever speak poorly of another public official ever again?
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Anonymous Anonymous Coward, 15 May 2014 @ 4:27pm

Representation
I sure hope this guy has the phone number for his attorney committed to memory, along with the ACLU, EFF, Popehat, as well as several of the various methods for recording and pushing those recordings to the 'cloud' whereby they will be picked up by photographyisnotacrime and other police misconduct sites.

Maybe a couple of trailing photographers and video cameras would be good, 'cause this is an incident waiting to happen, and happen, and happen.
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Internet Zen Master (profile), 15 May 2014 @ 4:33pm

Re: Representation
and happen, and happen, and happen (ad nauseam)..

It'd be like the gift that keeps on giving for cops!

Wait...

Doesn't that make his license plate to cops what herpes is to normal people?
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Anonymous, 15 May 2014 @ 4:39pm

I prefer GRL-LVR or LOLILVR.
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Internet Zen Master (profile), 15 May 2014 @ 4:41pm

Re:
Pretty sure the second option would definitely get you pulled over a lot...

Of course, this assumes most cops know what the phrase 'loli' means to a huge chunk of the net...
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Anonymous Coward, 15 May 2014 @ 5:14pm

Re: Representation
Perhaps it is a sting operation for the police/lawsuit trolling. Catch them in misconduct and sue their blue pants off.
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Anonymous Coward, 15 May 2014 @ 5:39pm

Re: Re:
Maybe they think lolicon means an icon that makes you laugh
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Pixelation, 15 May 2014 @ 6:24pm

His license plate is right up there with the bumper-sticker that says..."Bad cop, no donut".

It's funny but like poking a beehive...
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Anonymous Coward, 15 May 2014 @ 6:30pm

Re: Re:
I wouldn't tattoo it to my forehead to be judged by it every time I ran into a cop.
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Anonymous Coward, 15 May 2014 @ 6:42pm

Deliberately provocative random speech.

Not something I'd like to have to use as an example of free speech.

Would be nice if people could get the difference between freedom of speech and just being a cock.

Doesn't need to be legislated but this kind of thing says a lot more about the person who displays it than it does about anyone or anything else.
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That One Guy (profile), 15 May 2014 @ 6:49pm

Re:
On the one hand, yeah, it does seem like an unnecessary 'poking the badger with a spoon' thing, yet on the other hand, any cops so pathetically insecure that something like this would cause more than a chuckle/momentary annoyance, are exactly the kind of people who have no business being cops.

If something as simple as mildly critical/insulting license plate is enough to get a rise out of someone, you can bet they'd be much, much worse in actually serious or stressful situations.
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Anonymous Coward, 15 May 2014 @ 7:30pm

This guy better hope he never has a break light out.
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G Thompson (profile), 15 May 2014 @ 7:42pm

Re:
This whole statement of yours proves beyond any doubt that you just do not understand the true reasoning behind "freedom of speech/expression"
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G Thompson (profile), 15 May 2014 @ 7:45pm

Re:
Why?

In fact the bar is now set higher for any LEO to show that they are not specifically targeting him due to his lawful license plate.

If I was advising any LEO who was about to initiate any contact on this vehicle it would be to have specific and provable reasons to do so.

Sadly this is not the case in anyone NOT having a license plate like this, and there is the inherent problem with all authority structures.
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Anonymous Coward, 15 May 2014 @ 8:19pm

Re: Re: Re:
No worries, I totally understand what you mean.

You won't dare stand behind your convictions to the point that people think you are crazy, the way this guy does. It's cool, you are with the majority on this. It is rare to find courage.

I won't agree with what he did, one can attract more flies with honey instead of vinegar, however, I will also not deride him for his decision as it is quite a well known fact that Cops Lie.

Take these things into account the next time you are so ready to jump on the bandwagon that requires no courage to ride.
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Anonymous Coward, 15 May 2014 @ 8:26pm

Re:
You do not deserve freedom of speech.
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Chronno S. Trigger (profile), 15 May 2014 @ 9:15pm

Re:
The point of the First Amendment is not to protect speech you like, that will take care of itself. The point of the First Amendment is to protect speech you don't like.
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Techanon, 15 May 2014 @ 9:36pm

Re: char lim
It's not that hard, take your pick:
GOVLIES,
PRESLIES,
FBILIES,
NSALIES,
CIALIES,
TSALIES,
USALIES,

or ,[insert 3 letter agency or organization]LIES

and enjoy your controversial vanity plate.
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G Thompson (profile), 15 May 2014 @ 9:38pm

Re: Re: char lim
easier

USGLIES
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Zem, 15 May 2014 @ 10:38pm

Re: Re: Re: char lim
youlie

now everyone is coevered
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PRMan, 16 May 2014 @ 10:04am

Re: Representation
I'd be calling a Russian dashcam company and getting one that uploads to the cloud 24x7.
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Robin Lionheart, 16 May 2014 @ 10:22am

Maybe police harassment isn't a change for him
Many people of color in America already experience a lifetime of police harassment even without critical license plates. And one might presume that a driver with a COPSLIE license plate had already had some negative encounters with law enforcement. So perhaps becoming a target of police harassment would not be a chance in situation for Mr. Montenegro.
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nasch (profile), 16 May 2014 @ 4:25pm

Re: Re:
Why?

In fact the bar is now set higher for any LEO to show that they are not specifically targeting him due to his lawful license plate.

If I was advising any LEO who was about to initiate any contact on this vehicle it would be to have specific and provable reasons to do so.

Such as... driving with a brake light out?
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Tamara Green, 16 May 2014 @ 4:39pm

Sometimes, you win the battle but you end up losing the war. It would be fascinating to put on a T-shirt with a large and completely visible slogan such as "Fuck the police!" and then put on a pair of Google Glasses, and then walk the streets in urban Los Angeles for the next 24 hours. I'm confident that I wouldn't get through those 24 hours without some seriously negative interactions with law enforcement. It's not worth it.
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Anonymous Coward, 16 May 2014 @ 7:57pm

Re:
I don't think that analogy is correct. What this person is doing seems more geared towards delivering a message to everyone else, and, IMO at least, that is worth it. Not everyone knows that it is both legal and encouraged for police to lie in this country, even though lying to them is illegal.
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Sheogorath (profile), 16 May 2014 @ 9:04pm

Not just cops
From the linked LA Times article: The New Hampshire Attorney General�s office, which represented the DMV, said it was reviewing the decision. The state had argued that it was not prohibiting speech, but rather merely setting a generally acceptable standard for speech on government property.
Going by the paragraph quoted above, the New Hampshire Attorney General's office also lies. After all, if someone has to pay for license plates, doesn't that make them their property, not the government's?
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Sheogorath (profile), 16 May 2014 @ 9:10pm

Re:
Even better, wear a T-shirt saying "Foxtrot Uniform Charlie Kilo the police!" They can't say it's an obscenity because not many children are confident in the NATO Phonetic Alphabet, but everyone else will get it, especially those who use that alphabet in their jobs.
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That One Guy (profile), 17 May 2014 @ 5:58pm

Re: Not just cops
It's not a purchase though, but a license.
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G Thompson (profile), 18 May 2014 @ 12:53am

Re: Re: Re:
That works... though driving with a brake light out while smelling a distinctive odour from the vehicle that must be that Evil weed works too.

Sadly this is not sarcasm and more true than hypothetical.
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John Fenderson (profile), 18 May 2014 @ 10:44pm

Re: Not just cops
"doesn't that make them their property, not the government's?"

Not in my state, and I'd be surprised if it were true in any state. My state is quite clear -- the license plates are always the property of the state, and must be relinquished on demand, and also must be returned when they are no longer applicable.
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