CRESSMAN v. THOMPSON

No. 14-6020.

798 F.3d 938 (2015)

Keith CRESSMAN, Plaintiff-Appellant, v. Michael C. THOMPSON, in his official capacity as Secretary of Safety and Security and as the Commissioner of Public Safety for the State of Oklahoma; Paula Allen, individually and in her official capacity as Licensing Services Hearing Officer for the Oklahoma Department of Public Safety; Thomas Kemp, Jr., in his official capacity as Chairman of the Oklahoma Tax Commission; Jerry Johnson, in his official capacity as Vice Chairman of the Oklahoma Tax Commission; Dawn Cash, in her official capacity as Secretary Member of the Oklahoma Tax Commission; Kerry Pettingill, in his official capacity as Chief of the Oklahoma Highway Patrol, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 4, 2015.


Attorney(s) appearing for the Case

Nathan W. Kellum , Center for Religious Expression, Memphis, TN, ( Bryan H. Beauman , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, with him on the briefs), for Plaintiff-Appellant.

Kevin L. McClure , Assistant Attorney General, Office of the Attorney General, Oklahoma City, OK, ( Larry Patton , Senior Assistant General Counsel, and Taylor P. Henderson , Assistant General Counsel, Oklahoma Tax Commission, Oklahoma City, OK, with him on the brief), for Defendants-Appellees.

Before HOLMES, BACHARACH, and McHUGH, Circuit Judges.


In this case, we must decide whether Oklahoma's depiction of a Native American shooting an arrow towards the sky on its standard vehicle license plates compels Appellant Keith Cressman to speak in violation of his First Amendment rights.

In a prior appeal, we determined that Mr. Cressman had alleged sufficient injury...

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