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Freedom from ‘offensive’ speech: State deems Oneonta man’s license plate unacceptable

Nathan Kirk of Oneonta refuses to allow state government to tread on what he views as his First Amendment right to freedom of speech.

According to the Alabama Department of Revenue, a license plate reading “LGBFJB” is considered to be “offensive to the peace and dignity of the State of Alabama.”

This is what the department told Kirk in a letter regarding the personalized “Don’t Tread on Me” license plate he ordered through the Blount County Tag Department.

(Nathan Kirk/Contributed)

Kirk, the owner of firearms store Blount County Tactical, tells Yellowhammer News that shortly after receiving his plate in the mail, the state revenue department sent him a letter notifying him that he was being forced to surrender his license plate.

“The Alabama Department of Revenue, Motor Vehicle Division, has determined that the above referenced license plate contains objectionable language which is considered by the Department to be offensive to the peace and dignity of the State of Alabama,” the letter reads. “Registration for this personalized license plate message will not be issued/renewed.”

The letter went on to state that Kirk would have to surrender the plate within 10 days of receiving notification or face financial penalty.

“Failure to surrender the license plate within 10 days of receipt of this notice will result in the revocation of the vehicle registration,” the department wrote. “Please be advised that operation of a vehicle with a revoked registration may subject the vehicle owner to a maximum fine of $500 for the first offense and $1,000 for the second or subsequent offense.”

Kirk says he attempted to make contact with the department to seek clarity but his call was redirected and has since not heard anything back.

“You know, it’s Montgomery. They’re not the sharpest tools in the shed… I don’t think they’re very concerned with my messages,” Kirk tells Yellowhammer News. “I do still have the tag on my truck, and I’m not going to not have my tag. At this point it’s ridiculous.”

“I own a firearms store, I’m big on the First and Second Amendments. I think it’s our absolute right within reason… I think everyone has the right to express themselves,” he adds. “And it’s not just my side – I think everybody within reason has a right to say what they want to.”

Kirk takes issue with the department finding his license plate to be “offensive” given the fact that he personalized it with no obscene wording. Kirk says he sees the recall of his plate as an attack on his constitutional rights.

“If you’ve got the f-word blasting across your car tag, I get it,” says Kirk. “I get that can offend some people and children don’t need to be reading that. But I don’t have that, that’s not obscene what I have. It’s just a bunch of letters that don’t say anything. It doesn’t read out anything. Whether that triggers somebody’s feelings that think it’s something that they don’t agree with, then that’s not my problem. It’s sad. But I do believe it’s an attack.”

Kirk tells Yellowhammer News that he has been subjected to profanity-laden comments from left-wing social media users. He points to what he believes to be hypocrisy regarding what is considered to be tolerable and unacceptable speech as it relates to political affiliation.

Additionally, Kirk says that Alabama Media Group, in the outlet’s coverage of the story, initially published the letter he was sent with his address unredacted.

“I feel like if it was pro-left I don’t think anyone would have said anything, because we’ve seen that go on over and over,” he says. “But the first person that wears a MAGA hat, they get attacked and it’s okay. I think me and 95% of other people around here are absolutely sick of it and it’s time to do something about it.”

The department responded to Yellowhammer News’ request for comment with the following statement:

“In accordance with the Department’s administrative rules, a personalized tag request will be denied if the requested content contains objectionable language or symbols that are considered to be offensive to the peace and dignity of the State of Alabama,” the department wrote in an email. “There is an appeal process available to affected registration applicants, and that process is noted in denial letters sent to such applicants.”

Yellowhammer News then asked the department to elaborate on the decision-making process regarding the revocation of license plates considered by state bureaucracy to be “objectionable.” The department was also asked specifically what on Kirk’s plate was deemed to be “offensive to the peace and dignity of the State of Alabama.”

The department did not respond to the inquiry.

Yellowhammer News will continue to provide updates on the matter and seek clarity regarding what state government deems to be unacceptable speech on license plates.

Dylan Smith is a staff writer for Yellowhammer News. You can follow him on Twitter @DylanSmithAL

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