Atheist sues Kentucky for being denied use of 'IM GOD' car license plate

Jardine Malado Tuesday, November 29, 2016

An atheist has filed a lawsuit against the Transportation Cabinet of Kentucky after his application for the use of a personalized license plate with the letters "IM GOD" was turned down.

The lawsuit was filed last week by the Freedom from Religion Foundation (FFRF) and the Kentucky chapter of the American Civil Liberties Union (ACLU) on behalf of Bennie Hart.

A Kentucky man's application for a license plate that reads "IM GOD" was turned down. | Wikimedia Commons/Alias 0591

Hart filed his application for the license plate in February after moving to Kentucky. In March, he received a letter of rejection stating that the plate was in violation of laws against "vulgar or obscene" license plate messages.

Senior Counsel J. Todd Ship of the Kentucky's Office of Legal Services stated in the letter that "the use of 'IM GOD' is not in good taste and would create the potential for distraction to other drivers and possibly confrontations."

Hart's lawsuit argued that the rejection of his application is an infringement on his right to free speech.

"The Defendant's acts, practices, and policies constitute an impermissible infringement of Plaintiff's right to free speech, as-applied to Plaintiff's intended future speech in the form of a personalized license plate stating 'IM GOD,'" the lawsuit stated.

The ACLU argued that the Kentucky DMV officials do not have the authority to suppress the license plate message based on vague standards or viewpoints.

"Under the First Amendment, government officials do not have the authority to censor messages simply because they dislike them," said ACLU Kentucky Legal Director William Sharp.

"And in this instance, personalized license plates are a form of individual speech equally deserving of First Amendment protection," he added.

Hart, who has been an atheist since he was 15 years old, has used a license plate with the same message for 12 years when he was still living in Ohio.

"I simply want the same opportunity to select a personal message for my license plate just as any other driver. There is nothing 'obscene or vulgar' about my view that religious beliefs are subject to individual interpretation," he said.