speech In July 2014, Smith dissented in Texas Division, Sons of Confederate Veterans, Inc. v. Vandergriff, 759 F.3d 388 (5th Cir. 2014), in which the majority held that the Texas Department of Motor Vehicle's decision to deny an application for a specialty license plate featuring the Confederate battle flag violated the Free Speech Clause of the First Amendment. In his dissent, Judge Smith said that the specialty license plate constituted government speech rather than private speech and that therefore the First Amendment did not apply. The Supreme Court later agreed with Judge Smith in a 5–4 opinion in Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S. Ct. 2239 (2015). Religious freedom In June 2015, Smith authored the court's opinion in East Texas Baptist University v. Burwell, 793 F.3d 449 (5th Cir. 2015), upholding the Obama Administration's requirement that religious organizations either offer their employees health insurance that covers certain contraceptive services or submit a form or notification declaring their religious opposition to that coverage. Judge Smith's opinion rejected the argument that the Obama Administration's rule violated the Religious Freedom Restoration Act, finding that it did not substantially burden the religious exercise of religious organizations. His opinion was later vacated in a per curiam opinion by the Supreme Court in Zubik v. Burwell, 136 S. Ct. 1557 (2016), which called on the parties to reach a compromise that both accommodated religious institutions' exercise of religion while at the same time ensuring that women covered by religious institutions' health plans receive contraceptive coverage. The Trump Administration has since drafted a rule to roll back the Obama Administration's contraceptive requirement for many religious employers. DAPA In November 2015, Smith wrote the majority opinion in Texas v. United States, 809 F.3d 134 (5th Cir. 2015), which held that the Obama Administration's Deferred Action for Parents of Americans and Lawful Permanent Residents program ("DAPA") violated the Administrative Procedure Act and affirmed the district court's preliminary injunction forbidding implementation of DAPA. In United States v. Texas, 136 S. Ct. 2271 (2016), the Supreme Court affirmed the judgment by an equally divided vote. In June 2017, the Trump Administration announced that it would not implement DAPA. Establishment Clause In March 2017, Smith authored a unanimous opinion in American Humanist Ass'n v. McCarthy, 851 F.3d 521 (5th Cir. 2017), holding that the Birdville Independent School District's policy of inviting students to make speeches, which could