Ga. Supreme Court Hears Arguments In KKK ‘Adopt-A-Highway’ Case
The Georgia Klan members asked that their adopt-a-highway sign read ‘’Georgia IKK Ku Klux Klan.’’
The Supreme Court of Georgia heard arguments Monday on whether the Ku Klux Klan has a First Amendment right to adopt a highway.
The case stretches back to 2012 when Georgia members of the International Keystone Knights of the Ku Klux Klan applied to the highway cleaning program in Union County.
The Georgia Department of Transportation denied the application, saying highway signs with the group’s name would detract from the program’s “civic minded” mission.
The Klan, along with the American Civil Liberties Union, then sued the state for violating its right to free speech.
In court Monday, state attorney Brittany Bolton argued the First Amendment doesn’t apply because the signs are government speech.
“The adopt-the-highway signs include the name Georgia in bold letters on each sign above the name of the participant,” she said. “This indicates to everyone who views the [signs] that the message is the government’s.”
Bolton pointed to a U.S. Supreme Court decision from last year, Walker v. Texas Division, Sons of Confederate Veterans, that said Texas license plates are government speech.
The Klan’s attorney Alan Begner countered that the Texas case is different. That state has a history of regulating messages on license plates, but he said Georgia doesn’t with the signs.
“They had no history of rejections,” Begner said. “They had never rejected an applicant since 1989.”
As part of the case, Georgia’s Supreme Court may also consider whether sovereign immunity protects state officials from the Klan’s lawsuit.
The court is expected to rule later this year.
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