Wooley v. Maynard

430 U.S. 705 (1977)

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Nature of the Case

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Facts

New Hampshire has required that noncommercial vehicles bear license plates embossed with the state motto, 'Live Free or Die.' It is a misdemeanor 'knowingly [to obscure]… the figures or letters on any number plate.' The term 'letters' includes the state motto. P and his wife are followers of the Jehovah's Witnesses faith. They consider the motto to be repugnant to their moral, religious, and political beliefs. In 1974 Ps began to cover up the motto on their license plates. On November 27, 1974, P was issued a citation for violating § 262:27-c. P entered a plea of not guilty and proceeded to explain his religious objections to the motto. The state trial judge expressed sympathy, but a $25 fine was imposed, but execution was suspended during 'good behavior.' On December 28, 1974, P was again charged and was found guilty, fined $50, and sentenced to six months in the Grafton County House of Corrections. The court suspended this jail sentence but ordered P to also pay the $25 fine for the first offense. P refused to pay the two fines. The court thereupon sentenced him to jail for a period of 15 days. He has served the full sentence. On December 28, 1974, P was again charged and was found guilty, fined $50, and sentenced to six months in the Grafton County House of Corrections. The court suspended this jail sentence but ordered P to also pay the $25 fine for the first offense. P refused to pay the two fines. The court thereupon sentenced him to jail for a period of 15 days. He has served the full sentence. Prior to trial on the second offense, P was charged with a third violation. It was tried on the same day as the second offense, and P was found guilty. This conviction was 'continued for sentence' so that Maynard received no punishment in addition to the 15 days. Ps brought the present action under 42 U.S.C. §1983 seeking injunctive and declaratory relief against enforcement of N.H. Rev. Stat. Ann. §§ 262:27-c, 263:1. A TRO was issued against D. A three-judge District Court was convened pursuant to 28 U.S.C. § 2281. The Court entered an order enjoining D 'from arresting and prosecuting Ps at any time in the future for covering over that portion of their license plates that contains the motto 'Live Free or Die.'' D appealed.