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Posted on 03/09/2006 12:39:48 AM PST by freepatriot32
NEW YORK, Mar. 8 /Christian Wire Service/ -- In a stunning decision released on March 7th, the Second Circuit Court of Appeals dismissed Attorney General Eliot Spitzer’s second attempt to ban the phrase "Choose Life" from a pro-adoption specialty plate in New York State. The Attorney General’s first defeat occurred in January, 2005, when a federal judge ruled that The Children First Foundation (CFF) had sufficiently alleged constitutional violations involving freedom of speech and equal protection under the law. The August 2005 trial date was postponed when the state appealed the federal court ruling to the Second Circuit Court of Appeals.
The three-judge panel favorably ruled that CFF’s complaint "specifically alleges that defendants denied the picture-plate application ‘based on their disagreement with [the] life-affirming viewpoint expressed on the plate.’ On a motion to dismiss, we must accept this allegation, and all reasonable inferences drawn from it, as true." The appellate decision further states that "[e]ven if defendants are correct that the picture-plate program is a nonpublic forum (...) the complaint alleges that defendants engaged in viewpoint discrimination, and it is clearly established that, even in a nonpublic forum, restrictions on speech must be reasonable and viewpoint neutral."
CFF’s Alliance Defense Fund attorneys, Jeff Shafer and Brian Raum, were particularly pleased that the decision did not grant qualified immunity to any of the defendants, including Governor George Pataki and Attorney General Eliot Spitzer, who are being sued for constitutional violations in both their individual and official capacities.
"No one is above the law," explained Dr. Elizabeth Rex, President of The Children First Foundation. "This ruling is another great victory for freedom of speech and equal treatment under the law for all New Yorkers."
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
I don't care what people say on their license plates, or anything else.
Me. I have the Darwin fish on my trunk.
L
Ping!
Well, this is a bit of good news. I always wondered how they could ban the Choose Life license plates.
Congratulations Elizabeth! I know how hard you have worked on this issue.
This is a real breakthough for NY. Judges doing the Right thing! WOW!
One up for New York, one down for the RINOs and liberals.
It's about time, thanks to all those who worked so hard fighting this.
Free speech is just that.
Does anyone know what the "Choose Life" T-shirt George Michael wore in Wham's "Wake Me Up Before You Go Girl" video was about?
So you enjoy demeaning Christian symbols, how nice...
Great news BUMP!
I could never figure out the Nazi's problem with the phrase "Choose Life". The phrase clearly acknowledges that there is a "choice" involved. Also, I am not aware of any reason that people like Spitzer couldn't legally put "Choose Abortion" license plates on their limos.
Exactly. People can have all the bumper stickers, special licenses, etc., that they want. I don't identify any of my causes or beliefs on my car.
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