Nichols v. DOT

Case Overview

Case Name: Nichols v. Thompson
Type of Case: Preserving Democracy Project
Court: United States District Court Western District of Wisconsin
Case Number: 3:24-cv-00566
Filed On: 08/12/2024
Current Status: Pending arguments.

Meet The Client

Mike Nichols is a car collector. As a car collector and enthusiast, Michael Nichols is one of the many citizens who like to obtain custom plates to express himself, his politics, and how he sees his cars. Back in 2001, Nichols acquired a Pontiac Firebird Trans Am WS6 and obtained the personalized plate “RD RRAGE”. He maintained that plate until he returned the car due to a lemon law buyback in 2003.
Lawyers

State law allows DOT bureaucrats the sole authority to deny a personalized license plate if the bureaucrat determines that a requested license plate “may carry connotations offensive to good taste or decency.” The law allows the state to restrict the speech of car owners based on the content of that speech, and as Nichols’ history shows—the state’s application of the statute is arbitrary and capricious.

WILL is asking the court to declare that state law’s prohibition on license plates “which may carry connotations offensive to good taste or decency” is facially unconstitutional under the First Amendment. State bureaucrats have no right to decide which messages are acceptable to display, and which are not.

Press Release

Case Documents

Complaint, August 2024