Skip to comments.Judge rules ‘Choose Life’ license plates violate the First Amendment
Posted on 12/11/2012 5:11:07 AM PST by IbJensen
CHARLOTTE, December 10, 2012, (LifeSiteNews.com) North Carolina women are free to choose abortion, but not pro-life license plates. A federal judge has ruled the state can only sell a Choose Life vanity plate if it also offers a pro-abortion alternative.
U.S. District Judge James C. Fox stated that offering only one side of the argument constitutes viewpoint discrimination in violation of the First Amendment.
The state legislature passed a bill authorizing the pro-life message with dozens of other specialty plate options in September 2011. The ACLU of North Carolina won an injunction against the plates that December.
We would have made the exact same argument if the situation was reversed, ACLU-NCLF Legal Director Chris Brook told local media after Fridays ruling.
The decision is a setback to the states 76 crisis pregnancy centers, which serve more than 3,000 women each year. State drivers would pay a $25 fee for the plate, with $15 going to the Carolina Pregnancy Care Fellowship.
The North Carolina House of Representatives had rejected six amendments to authorize license plates with pro-abortion messages like Respect Choice.
Numerous other states offer drivers the option of the pro-life license plates.
Virginia Attorney General Ken Cuccinelli told LifeSiteNews.com in April he was proud to be the patron of that states Choose Life license plate law. Its an opportunity for a silent witness in the most ordinary of places: driving around on the road, he said.
While Virginia offers plates on both sides of the debate, the pro-life plate stands out because its this screaming bright yellow, he said.
Cuccinelli encouraged LifeSiteNews readers to spend the extra [money on the pro-life plates] and drive the pro-aborts crazy.
As of this writing, 29 states offer a Choose Life license plate.
Litigation is still pending in New York, where the state has filed its third appeal to block a law allowing the plates.
How on earth can expressing a viewpoint be not protected by freedom of speech under the Constitution? It is the ultimate contradiction in logic.
Appointed by: President Ronald Reagan, 1982.
Law School: University of North Carolina, J.D. 1957.
Military Service: Cpl., Enlisted Reserve, U.S. Army 1951-59.
Prior Legal Experience: Law clerk, Hon. Don Gilliam, U.S. District Court, E.D. N.C. 1957-
Carter & Murchison, 1958-59; Murchison, Fox & Newton, 1960-82.
Prior Government Service: County Attorney, New Hanover County, 1997-1981.
my daughter and i each have one of the “screaming yellow” VA prolife plates, and have been seeing progressively more of them. my son has the Don’t Tread on Me one and it’s also a distinctive orangy-yellow color.
I bet the other (dem) plate will say “Choose choice” ?
How about a plate that says “Don’t kill your baby” ??
that would be more getting to the point.
I would be ok with (seeing) that on the road...
Yes, two plates would seem to satisfy the courts objections:
And let folks choose which one they wish.
Does anyone doubt the the Republic of the Founders is no more? We are only a decaying empire ruled by a far-distant capital, with dictators in the form of federal judges scattered throughout the land.
Doesn’t the First Amendment start with “Congress Shall Make No Law”?? apparantly the Judge is confused, or does this mean now that States have the Exact same power as Congress?? Maybe NC should pass another law making it a FELONY for Any person who is employed by the Federal Government to use, own, or posess any weapon or firearm within the bondaries of North Carolina. Seems to me this judge just made the case that Federal Employees are a Danger to Society.
The tally would be closer than you think. The pro-abortion crowd wouldn't buy many... but college-age kids into shock humor, those with oddball "Far Side" personalities, and those who are into "zombie-chic" stuff would jump at the chance to have a "Choose Death" plates.
I'd get it personalized with the letters "CTHULU", I think.
since when does free speech have to be “fair and balanced”....?
In the News/Activism forum, on a thread titled Judge rules Choose Life license plates violate the First Amendment , stylin19a wrote:
I’m wondering what a fed judge is doing in the states business..
I agree. Wonder what Levin would say about this ?
It's the mirror image, and it's truth in advertising.
“...offering only one side of the argument constitutes viewpoint discrimination in violation of the First Amendment.
“Viewpoint discrimination”? From the First Amendment? I don’t remember seeing that in there.
The First Amendment to the US Constitution is applicable to the States because of the Fourteenth Amendment
“Judge rules Choose Life license plates violate the First Amendment”
Choose Life? That’s a choice. Why does this violate anytyhing? But I do agree. NC should have a license plate that says, “Choose Abortion.” Let those who believe in it put it on their car.
I don’t disagree with the ruling...makes sense. So, offer license plates that say “I believe we have right to kill our babies” problem solved.
More loss of freedom in the land of the free and the brave.
Vanity tags have to have someone want a particular one bad enough to get it passed by the state. This judge is out of his league as far as the law is concerned.
That’ll work nicely.
What? A "Choose Death" Plate?
North Carolina should also offer a “Choose Death” license plate. Problem solved.
Just DO IT!
Another judge who is afraid of what the militant raging feminazis will do if they don’t get their way.
Better to face a charging bear than man-hating, baby-hating self-loathing militants.
No problem. The "Murder Your Unborn" tags are being printed as we speak.
Choose Death - Planned Parenthood
I think it is prudent to include the agent provacateur, so I suggest this fix...;-)
All kidding aside...I do like your idea!!!
I think at issue here is the $15/plate that pregnancy centers receive from the proceeds.