Mo. Code Regs. tit. 12 § 10-23.185

Current through Register Vol. 49, No.12, June 17, 2024

Section 12 CSR 10-23.185 - Obscene License Plates

PURPOSE: The content of this rule is not being changed. The only changes are the removal of the Form APPLICATION FOR REPLACMENT OF VEHICLE IDENTIFICATION NUMBER PLATE that was inadvertently attached to this rule that should have been removed when another rule was rescinded and the RSMo date is being updated.

(1) Language or symbols which are obscene or profane are not protected by the United States or Missouri Constitution. The language or symbols shall not be allowed on any personalized motor vehicle license plate issued under the provisions of section 301.144, RSMo. In determining whether or not requests for personalized motor vehicle license plates contain language or symbols which are obscene or profane, the Department of Revenue will use the standards in section (2).

(2) The following terms, as used in this rule, shall be defined as follows:

(A) Obscene-Language or symbols which represent or describe ultimate excretory functions or sexual acts in a patently offensive manner or make lewd reference to the male or female sexual organs and appeal to the prurient interests of the average person applying contemporary community standards (see Miller v. California, 415 U.S. 15, 93 S.Ct. 2607 (1973)). Prurient interests, as used in this definition, shall mean shameful or morbid interest in nudity, sex or excretion that goes substantially beyond customary limits or candor in description or representation of these matters (see Haldeman v. United States, C.A. Kan., 340 F2d 59 (10th Cir., 1965)); and

(B) Profane-Language or symbols which are irreverent or contemptuous of things regarded as sacred or that imply divine condemnation (see Baker v. State, 16 Ariz. App. 463, 494 P2d, 68 (1972) and Duncan v. United States, 48 F2d 128 (9th Cir., 1931)).

(3) No motor vehicle license plate will be issued by the Department of Revenue if the language or symbols on the plate are obscene or profane. In order to make this determination, the Department of Revenue will look to the way the average person applying contemporary community standards would view the license plate. Factors which the Department of Revenue may consider in this regard include, but are not limited to:

(A) An explanation by the registrant as to why s/he chose particular language or symbols to be on his/her personalized motor vehicle license plate;

(B) Complaints from the public regarding a license plate with the same letters, numbers or symbols as that requested or held by the registrant;

(C) Complaints from the public regarding a license plate with similar letters, numbers or symbols as that requested or held by the registrant;

(D) Dictionary definitions of the language or symbols requested by the registrant; and

(E) Information from other states regarding motor vehicle plates which have not been issued by them because they found them to be obscene or profane.

(4) The Department of Revenue shall recall any personalized motor vehicle license plate which it has already issued if it determines that a plate is obscene or profane.

12 CSR 10-23.185

AUTHORITY: section 301.144, RSMo Supp. 1991.* Original rule filed Jan. 6, 1986, effective April 11 , 1986. Emergency amendment filed Jan. 2, 1992, effective Jan. 12, 1992, expired May 10, 1992. Amended: Filed Jan. 2, 1992, effective May 14, 1992.

Amended by Missouri Register November 1, 2023/volume 48, Number 21, effective 12/31/2023.

*Original authority: 301.144, RSMo 1977, amended 1979, 1983, 1984, 1989.