Supreme Court could rule on 'Choose Life' plates

Controversial license plate.

The constitutionality of "Choose Life" license plates could be decided by the U.S. Supreme Court after yesterday's ruling in favor of the anti-abortion inscription.

A panel of the U.S. Court of Appeals for the 6th Circuit in Cincinnati ruled a Tennessee law allowing the plates does not violate the Constitution. The challenge to the law was brought by the American Civil Liberties Union of Tennessee.

"Pro-life speech is not second class speech," said Gary McCaleb, senior counsel for the Alliance Defense Fund, which backed the state in the case. "The Tennessee Legislature has the constitutional right to offer a license plate with a pro-life point of view if it chooses to do so, regardless of what it decides regarding other specialty plates."

Abortion-rights groups, with the help of the American Civil Liberties Union, have issued legal challenges to the "Choose Life" plates in other states.

Choose Life, Inc., a non-profit group, launched in 1997 what has become a national movement.

The 6th Circuit panel said in its opinion that with respect to the Constitution, the fact that the "Choose Life" message is considered by some to be more controversial than other messages is irrelevant.

"Such a distinction ... is entirely indefensible as a matter of First Amendment law. … In the absence of a tenable distinction, invalidating the Act in this case would effectively invalidate not only all those government specialty license plate provisions that involve a message that anyone might disagree with, but also effectively invalidate all manner of other long-accepted practices in the form of government-crafted messages disseminated by private volunteers. We are not provided with a sound legal basis for making such a leap."

ADF said the ruling increases the likelihood the U.S. Supreme Court eventually will grant review of a case regarding the constitutionality of pro-life messages on license plates.

Yesterday's ruling created a circuit split after an earlier ruling in the 4th Circuit invalidated a similar pro-life license plate in South Carolina.

Florida-based Liberty Counsel, which filed a brief in support of the Tennessee law, defended the first successful appellate court ruling involving the Florida "Choose Life" license plate in the case of Women's Emergency Network v. Bush.

Mathew D. Staver, Liberty Counsel's president and general counsel, said the appeals court decision in the Tennessee case "averted the hijacking" of the specialty plate.

"Had the ACLU been successful in striking down the 'Choose Life' license plate, the result would have meant that government is never permitted to express its own message or promote valuable social policies," he said. "Every warning against smoking would be followed by a message endorsing cigarettes. The result would be absurd. The state of Tennessee's choice to promote life over abortion is not only wise social policy – it is in complete harmony with the First Amendment."

If the Culture of Death wants to have "Choose Death" license plates, I would be inclined to support that.

1 posted on 03/19/2006 2:51:55 PM PST by wagglebee

To: Coleus; cgk; cpforlife.org; Mr. Silverback

2 posted on 03/19/2006 2:52:44 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)

Once again this demonstrates that there is something seriously wrong with ACLU.

3 posted on 03/19/2006 2:52:55 PM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)

I'm completely lost; upon what grounds does one have to even begin to claim this is unconstitutional?

4 posted on 03/19/2006 2:54:22 PM PST by CheyennePress

The ACLU needs to be euthanized.

5 posted on 03/19/2006 2:54:25 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)

To: CheyennePress

Some BS about the fact that license plates are produced by the state and are actually property of the state.

6 posted on 03/19/2006 2:57:21 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)

If the Culture of Death wants to have "Choose Death" license plates, I would be inclined to support that.

Not I.
Good vs Evil should never be a 50/50 compromise.

7 posted on 03/19/2006 3:01:18 PM PST by HEY4QDEMS (No animals were harmed during the creation of this post.)

Planned Parenthood has plates here in Montana. Along the bottom it says "Pro-family - Pro-Choice"

Established organizations can draw up license plate designs. So far, no pro-life organization has come up with one yet, but there are plenty of them. I've got an Amateur Radio license plate myself. Looks something like this:

8 posted on 03/19/2006 3:02:11 PM PST by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity.)

I take that back, the Montana Right to Life Association Educational Trust has a plate:

9 posted on 03/19/2006 3:04:03 PM PST by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity.)

ACLU: If I can buy a "Save the Bay" plate in my state, why shouldn't I be able to buy a "Choose Life" plate???

10 posted on 03/19/2006 3:09:34 PM PST by mathprof

To: CheyennePress

Religious people might say something like it or else Speaks against the constitutional right to kill infants is the only two angles I can come up with.

Both are completely ludicrous to me but then I'm not an ACLU member so they might think them rational.

11 posted on 03/19/2006 3:11:49 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)

Abortion-rights groups, with the help of the American Civil Liberties Union, have issued legal challenges to the "Choose Life" plates in other states.

The ACLU is anti-free speech! Shocking! Where is David Gregory when you need him?

12 posted on 03/19/2006 3:12:53 PM PST by reaganandme

Some BS about the fact that license plates are produced by the state and are actually property of the state.

Even if the state chooses to allow abortion on the premise that it is a horrible but necessary "right", they most certainly can try to discourage the practice. They create government campaigns to discourage tobacco and alcohol use all the time.

And if it's a hurt feelings problem, there is no constitutional protection from having ones feelings hurt or having ones political rhetoric undermined.

13 posted on 03/19/2006 3:19:28 PM PST by Jim_Curtis

Abortion-rights groups, with the help of the American Civil Liberties Union, have issued legal challenges to the "Choose Life" plates in other states.

The ACLU is Pro-Choice.................unless you choose the choice that the ACLU does not want you to choose.

14 posted on 03/19/2006 3:32:08 PM PST by Polybius

Are they going to throw the whole lot of you in jail if you have them??????? That's pretty Marxist, if you ask me.

15 posted on 03/19/2006 3:40:40 PM PST by bboop (Stealth Tutor)

I seem to recall, but I can't say for certain, that this lawsuit was brought because the "Choose Choice" license plate was banned, but the "Choose Life" was ok'd. If that is the case, I would agree with the suit on principle, even if I disagreed with the message.

16 posted on 03/19/2006 4:20:45 PM PST by Always Learning

To: Always Learning

"...the "Choose Choice" license plate was banned, ..."

Could there be a more vapid slogan than "Chose choice"? How about "Drink drinks"; or "Eat Eats"; or the "Smell Smells"?

17 posted on 03/19/2006 4:52:26 PM PST by USFRIENDINVICTORIA

C'mon, the Atheist Criminal Lovers Union is what America is all about... if you hate America.

d.o.l.

Criminal Number 18F

18 posted on 03/19/2006 9:37:39 PM PST by Criminal Number 18F

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