12 CSR 10-23.185 [Effective 12/31/2023] Obscene License Plates

• Library: Missouri Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 24, December 15, 2023
• Citation: 12 CSR 10-23.185
• Year: 2023

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NUMBER PLATE that was inadvertently attached to this rule that should have been removed when another rule was rescinded and the RSMo date is being updated.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 undefinedPersonalized license plates, appearance, fees - new plates every three years without charge - obscene or offensive plates prohibited - amateur radio operators, plates, how marked - repossessed vehicles, placards - retired U.S. military plates, how marked301.144, 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. 415undefined15 415undefined93 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...