Is a Confederate flag license plate free speech?

The Supreme Court is hearing a case to decide if Texas can refuse to issue a license plate featuring the Confederate flag without violating the free speech rights of Texans who want one.

Judge Andrew Napolitano joined Bill Hemmer to weigh in on whether the Sons of Confederate Veterans have a valid lawsuit against the state and how the court might rule.

Judge Nap said it all comes down to whether the specialty license plate is considered the state's property or an individual's property.

If it's the individual's, then it's protected by the First Amendment. If it's the state's, then the state can choose what goes on it.

"The whole purpose of the First Amendment is to protect the speech we hate, because the speech we love does not need protection," Judge Nap explained.

"There are hundreds of mottos and one-liners and logos that the 50 states offer," Judge Nap said. "The question is: can the Supreme Court order the state of Texas to offer this one?"

"I think the Supreme Court is going to say you have a right to express your views about the Confederacy, and Texas should make this available to you."

Get more insight from Judge Nap in the "America's Newsroom" clip above.

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