Leah Gilliam v. David Gerregano, Commissioner of the Tennessee Department of Revenue, et al., argued before the Supreme Court of Tennessee on April 3, 2024.

From the Court of Appeals Opinion:

Citizens of Tennessee may apply to the Tennessee Department of Revenue (the “Department”) for license plates featuring unique, personalized messages. Tennessee Code Annotated section 55-4-210(d)(2) provides that “[t]he commissioner shall refuse to issue any combination of letters, numbers or positions that may carry connotations offensive to good taste and decency or that are misleading.”

After her personalized plate featuring the message “69PWNDU” was revoked by the Department, Leah Gilliam (“Plaintiff”) filed suit against David Gerregano (the “Commissioner”), commissioner of the Department, as well as the then-Attorney General and Reporter. Plaintiff alleged various constitutional violations including violations of her First Amendment right to Free Speech.

Question Presented:

Are personalized plates personal speech—as Ms. Gilliam maintains and as nearly every other court to consider that question has held—or are personalized plates the Government’s speech, as the Chancery Court Panel anomalously held below?

Resources:

• Court of Appeals decision in Gilliam v. Gerregano


• Gilliam v. Gerregano page at the Tennessee courts website


• Reason article with background on the case


• Proposed Amicus Curiae Brief of Simon Tam


• Amicus Curiae Brief of The Foundation for Individual Rights and Expression in Support of Plaintiff-Appellee, Leah Gilliam


• Brief of Amicus Curiae First Amendment Lawyers Association


• Reply Brief for Appellants


• Brief for Appellants


• Brief of Appellee Leah Gilliam

Time Stamps:

(0:00:10 ) Argument by Matt Rice, Solicitor General of Tennessee

(00:25:32 ) Argument by Daniel Alexander Horwitz, counsel for Leah Gilliam

(00:55:45 ) Rebuttal by Matt Rice, Solicitor General of Tennessee

The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment. Learn more on our website: www.ifs.org