Washington (CNN) The Supreme Court ruled Thursday that Texas is allowed to reject a license plate design that featured a Confederate battle flag.

In a 5-4 decision authored by Justice Stephen Breyer the Court held that the license plates designs are government—not private speech-- and that the government is allowed to discriminate based upon content when it speaks.

"When the government speaks, it is not barred by the Free Speech Clause from determining the content of what it says" Breyer wrote.

Breyer's opinion was joined by an unusual line up of Justice Clarence Thomas, Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor and Justice Elena Kagan.

At issue was a license plate design submitted by a group called the Sons of Confederate Veterans (SCV) and prominently featured the controversial Confederate battle flag.

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