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Judge rules ‘Choose Life’ license plates violate the First Amendment
Life Site Times ^ | 12/10/2012 | Ben Johnson

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 Friday’s ruling.

The decision is a setback to the state’s 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 state’s “Choose Life” license plate law. “It’s 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 “it’s 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.


TOPICS: Crime/Corruption; Government; News/Current Events; US: Virginia
KEYWORDS: aclu; chooselife; cuccinelli; evilsocialistgovt; jamescfox; lawsuit; licenseplate; obamaslittleelf; ruling
America needs license plates that says : Vote Conservative!

How on earth can expressing a viewpoint be not protected by freedom of speech under the Constitution? It is the ultimate contradiction in logic.

1 posted on 12/11/2012 5:11:15 AM PST by IbJensen
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To: IbJensen
I'm wondering what a fed judge is doing in the states’ business..
2 posted on 12/11/2012 5:12:59 AM PST by stylin19a (obama -> Fredo smart)
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To: All

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-
58;

Carter & Murchison, 1958-59; Murchison, Fox & Newton, 1960-82.

Prior Government Service: County Attorney, New Hanover County, 1997-1981.


3 posted on 12/11/2012 5:13:43 AM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: IbJensen

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.


4 posted on 12/11/2012 5:14:14 AM PST by xsmommy
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To: IbJensen

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.


5 posted on 12/11/2012 5:17:38 AM PST by sickoflibs (Dems know how to win. Rs know how to whine.)
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To: IbJensen; All

“Planned Parenthood”

“Choose Death!”

I would be ok with (seeing) that on the road...


6 posted on 12/11/2012 5:18:05 AM PST by stevie_d_64 (It's not the color of one's skin that offends people...it's how thin it is.)
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To: stevie_d_64

Yes, two plates would seem to satisfy the courts objections:

“Choose Life.”
“Choose Death.”

And let folks choose which one they wish.


7 posted on 12/11/2012 5:24:23 AM PST by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: IbJensen

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.


8 posted on 12/11/2012 5:25:16 AM PST by backwoods-engineer ("Remember: Evil exists because good men don't kill the gov officials committing it." -- K. Hoffmann)
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To: IbJensen

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.


9 posted on 12/11/2012 5:29:29 AM PST by eyeamok
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To: D-fendr
Yes, two plates would seem to satisfy the courts objections:
“Choose Life.”
“Choose Death.”
And let folks choose which one they wish.

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.

10 posted on 12/11/2012 5:31:19 AM PST by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
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To: IbJensen
Would someone from the Fed please get started making opposing viewpoint Plates for Maine!....I can think of several plates I'd purchase...this thread could be hilarious
http://www.google.com/search?q=maine+license+plates&hl=en&tbo=u&tbm=isch&source=univ&sa=X&ei=tzHHUNemPMS30QGdjIBQ&sqi=2&ved=0CD0QsAQ&biw=1014&bih=557
11 posted on 12/11/2012 5:33:51 AM PST by M-cubed
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To: Teacher317

since when does free speech have to be “fair and balanced”....?


12 posted on 12/11/2012 5:34:44 AM PST by nevermorelenore
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To: stylin19a

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 ?


13 posted on 12/11/2012 5:41:44 AM PST by mosesdapoet ("A voice crying in the wilderness make streight for the way of the Lord")
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To: IbJensen
Let them have "Choose Death" license plates.

It's the mirror image, and it's truth in advertising.

14 posted on 12/11/2012 5:41:59 AM PST by E. Pluribus Unum ("The more numerous the laws, the more corrupt the state." - Cornelius Tacitus, Roman Senator)
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To: IbJensen

“...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.


15 posted on 12/11/2012 5:49:23 AM PST by fidelis (Zonie and USAF Cold Warrior)
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To: mosesdapoet
I haven’t read the decision yet, but from the clip, the issue is the State choosing one “religion” over another. If the State offers “choose to kill unborn babies” plates, or something similar, it would remain neutral in the debate.

The First Amendment to the US Constitution is applicable to the States because of the Fourteenth Amendment

16 posted on 12/11/2012 5:55:01 AM PST by John Galt's cousin (WTF? We couldn't rescue four men in Benghazi? Is our military IMPOTENT? ( /s ))
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To: IbJensen
“We would have made the exact same argument if the situation was reversed,” ACLU-NCLF Legal Director Chris Brook told local media after Friday’s ruling.

Riiiiiiiiight.

17 posted on 12/11/2012 6:01:51 AM PST by Washi (Socialism is Slavery)
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To: IbJensen

“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.


18 posted on 12/11/2012 6:03:22 AM PST by EQAndyBuzz (You cant bring something to its knees that refuses to stand on its own)
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To: IbJensen

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.


19 posted on 12/11/2012 6:04:59 AM PST by Wpin ("I Have Sworn Upon the Altar of God eternal hostility against every form of tyranny...")
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To: IbJensen

More loss of freedom in the land of the free and the brave.


20 posted on 12/11/2012 6:19:21 AM PST by rovenstinez
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To: IbJensen


21 posted on 12/11/2012 6:20:57 AM PST by TangoLimaSierra (To the left the truth looks like Right-Wing extremism.)
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To: IbJensen

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.


22 posted on 12/11/2012 6:25:03 AM PST by mtnwmn (Liberalism leads to Socialism)
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To: IbJensen
Personally I have no problem with people having a “Pro Choice” tag, why not? Let them proclaim themselves to the world...my guess is you won't see many, people are naturally a tiny bit embarrassed when it comes to advertising they like killing tiny babies.
23 posted on 12/11/2012 6:25:40 AM PST by pepperdog ( I still get a thrill up my leg when spell check doesn't recognize the name/word Obama!)
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To: IbJensen
The state must offer a "pro-abortion alternative." OK. How about these winners?

24 posted on 12/11/2012 6:45:10 AM PST by ProtectOurFreedom
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To: ProtectOurFreedom

That’ll work nicely.


25 posted on 12/11/2012 6:50:37 AM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: IbJensen
A federal judge has ruled the state can only sell a “Choose Life” vanity plate if it also offers a pro-abortion alternative.

What? A "Choose Death" Plate?

26 posted on 12/11/2012 6:55:06 AM PST by Mike Darancette (I don't understand why the Boomers are so passive.)
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To: IbJensen

North Carolina should also offer a “Choose Death” license plate. Problem solved.


27 posted on 12/11/2012 6:55:58 AM PST by Buckeye McFrog
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To: Mike Darancette

Just DO IT!


28 posted on 12/11/2012 6:56:32 AM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: IbJensen

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.


29 posted on 12/11/2012 7:11:25 AM PST by I want the USA back
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To: IbJensen
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.

No problem. The "Murder Your Unborn" tags are being printed as we speak.

30 posted on 12/11/2012 7:13:12 AM PST by Lazamataz (LAZ'S LAW: As an argument with liberals goes on, the probability of being called racist approaches 1)
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To: D-fendr

“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!!!


31 posted on 12/11/2012 8:02:54 AM PST by stevie_d_64 (It's not the color of one's skin that offends people...it's how thin it is.)
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To: nevermorelenore
since when does free speech have to be “fair and balanced”....?

I think at issue here is the $15/plate that pregnancy centers receive from the proceeds.

32 posted on 12/11/2012 8:12:20 AM PST by Drew68
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