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Federal court rules North Carolina 'Choose Life' license plate unconstitutional
FoxNews ^ | Feb 12, 2014 | FoxNews

Posted on 02/12/2014 6:34:38 AM PST by Innovative

North Carolina's anti-abortion license plate is unconstitutional because the state doesn't provide the same forum for motorists on the other side of the contentious issue, a federal appeals court ruled Tuesday.

A three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals unanimously upheld a federal judge's ruling that the "Choose Life" license plate is unconstitutional.

Lawmakers approved the anti-abortion plates in 2011 and rejected proposals to offer plates with messages "Trust Women" and "Respect Choice." That constitutes "blatant viewpoint discrimination squarely at odds with the First Amendment," wrote appeals court Judge James A. Wynn, who is from North Carolina.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: North Carolina
KEYWORDS: 666; constitution; freespeech; licenseplates; prolife
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This is a free speech issue. The appeal was not about other license plates that were not allowed, it was about whether or not someone can have a license plate that says "Choose Life".

I hope this goes all the way to the Supreme Court.

What is unconstitutional is to forbid someone's free speech right of saying "Choose Life".

What is happening to this country, when you can't have a "Choose Life" license plate?!

1 posted on 02/12/2014 6:34:38 AM PST by Innovative
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To: Innovative

See the Tenth amendment die.


2 posted on 02/12/2014 6:35:35 AM PST by SoFloFreeper
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To: Innovative

If I were whoever controls license plates there I’d ignore those federal bastiges.


3 posted on 02/12/2014 6:36:03 AM PST by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: Innovative

Was this Fed Judge in NC in Asheville?


4 posted on 02/12/2014 6:37:15 AM PST by Mamzelle
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To: Innovative

” . . . because the state doesn’t provide the same forum for motorists on the other side of the contentious issue,”

If choosing life is a contentious issue, offering the option of “Choose Death” plates doesn’t seem that tough to do.


5 posted on 02/12/2014 6:37:46 AM PST by Stosh
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To: Innovative

This is madness.

Is this insane court saying that NAMBLA should have the “right” to have, “sex before 8, or it’s too late” on a license plate?


6 posted on 02/12/2014 6:38:04 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: Innovative

Pretty convoluted reasoning, wouldn’t you say?


7 posted on 02/12/2014 6:38:15 AM PST by The Working Man
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To: Innovative

Judge James A. Wynn, Jr.

http://www.ca4.uscourts.gov/judges/judges-of-the-court/judge-james-a-wynn-jr-

“Judge, U. S. Court of Appeals for the Fourth Circuit
Nominated by Barack Obama on November 4, 2009, to a seat vacated by James Dickson Phillips, Jr.; Confirmed by the Senate on August 5, 2010, and received commission on August 10, 2010.”

What a surprise, he was nominated by Obama... :(


8 posted on 02/12/2014 6:38:23 AM PST by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: Innovative

“North Carolina’s anti-abortion license plate is unconstitutional”

Actually the plate is clearly “Pro Choice”.


9 posted on 02/12/2014 6:39:18 AM PST by CrappieLuck
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To: Innovative

I am of the opinion that the reasoning is sound but applied incorrectly. I would think that the first amendment would allow not only the plate in question but would also allow those that support abortion to have their vanity plates as well.

The SCOUTS has already ruled that the mob does not have veto authority over the message. In this case, those that support abortion do not have the right to silence the speech of those that oppose abortion and the reverse is true as well.


10 posted on 02/12/2014 6:39:54 AM PST by taxcontrol
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To: Innovative

Planned Parenthood and its henchhags should make their message crisp and clear with “Choose Abortion” license plates.


11 posted on 02/12/2014 6:41:13 AM PST by NautiNurse (Obama sends U.S. Marines to pick up his dog & basketballs. Benghazi? Nope.)
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To: Innovative

License plates need to go back to being license plates and not advertisements and statements and sports ads, etc.


12 posted on 02/12/2014 6:41:53 AM PST by ltc8k6
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To: Innovative

I live in NC and told a friend that the DMV should authorize a “Choose Death” one for the pro-aborts. Problem solved.


13 posted on 02/12/2014 6:42:47 AM PST by Constitution Day
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To: Innovative

Stupid issue.

There shouldn’t be any political or commercial message on any license plate for either side. The government should be neutral.

If you want to express yourself, buy a bumper sticker


14 posted on 02/12/2014 6:43:20 AM PST by qam1 (There's been a huge party. All plates and the bottles are empty, all that's left is the bill to pay)
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To: Innovative

They should make another plate available. “choose death”


15 posted on 02/12/2014 6:43:22 AM PST by babygene ( .)
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To: taxcontrol

You make valid points — but then why wasn’t the suit about allowing “Trust Women” and “Respect Choice.” license plates, as part of free speech, instead of suing to FORBID free speech of putting “choose life” on a license plate?!


16 posted on 02/12/2014 6:44:24 AM PST by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: All


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17 posted on 02/12/2014 6:44:27 AM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Innovative
....the state doesn't provide the same forum for motorists on the other side of the contentious issue...

Uhhhhhhh...just what IS the other side of choosing life?

18 posted on 02/12/2014 6:44:34 AM PST by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: Innovative

Just get a Choose Life bumper sticker. A state-issued license plate should just be a license plate.


19 posted on 02/12/2014 6:44:53 AM PST by ilovesarah2012
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To: Innovative

So by the judges logic, any other of the state issued vanity license plates (of which their are hundreds) should also be unconstitutional if there isn’t one for the opposing view “Example: Support Wildlife Conservation (Where’s Oppose Wildlife Conservation?) Remember 9/11 (Where’s Forget 9/11?)


20 posted on 02/12/2014 6:45:40 AM PST by apillar
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To: ltc8k6

Agreed.


21 posted on 02/12/2014 6:46:02 AM PST by ilovesarah2012
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To: babygene

“They should make another plate available. “choose death””

Note to self: Read all the posts. There are a lot of clever people out there...


22 posted on 02/12/2014 6:46:25 AM PST by babygene ( .)
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To: Innovative

Not sure exactly what Plaintiff’s arguments were, but when I was in practice the 4th Cir was, hands down, the most conservative Circuit. Wonder how that holds today?


23 posted on 02/12/2014 6:46:47 AM PST by RIghtwardHo
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To: apillar

“So by the judges logic, any other of the state issued vanity license plates (of which their are hundreds) should also be unconstitutional if there isn’t one for the opposing view “Example: Support Wildlife Conservation (Where’s Oppose Wildlife Conservation?) Remember 9/11 (Where’s Forget 9/11?)”

Good point!


24 posted on 02/12/2014 6:47:01 AM PST by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: ltc8k6

Yeah but vanity plates and logos are a cash cow for the government so they will stay.


25 posted on 02/12/2014 6:47:33 AM PST by xp38
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To: Innovative

More emanations and penumbras.


26 posted on 02/12/2014 6:48:00 AM PST by windsorknot
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To: RIghtwardHo

See my post 8, one of the judges was appointed by Obama.


27 posted on 02/12/2014 6:48:12 AM PST by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: Innovative

An excellent way to sum up the question.

The root of the issue is that the pro-abortion crowd has the political and tactical advantage of being the “established” or “accepted” position in the town square [speaking metaphorically]. As such, they do not want any challenges to their power and thus would rather suppress other’s speech than advance their own.


28 posted on 02/12/2014 6:48:17 AM PST by taxcontrol
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To: apillar

No the opposite of remember 9 11 is celebrate 9 11. The other side doesn’t want to forget it either.


29 posted on 02/12/2014 6:50:25 AM PST by xp38
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To: Innovative

Give the Democrats their “Kill em’ in the womb” plates. It makes a statement about who they are.


30 posted on 02/12/2014 6:53:14 AM PST by pallis
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To: qam1

I agree. If someone wants to say they’re pro-life, buy a bumper sticker. Same thing with the pro-death crowd.


31 posted on 02/12/2014 6:53:26 AM PST by CitizenUSA (Sodomy and abortion: the only constitutional rights cherished by Democrats.)
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To: Innovative

What this is really about is the power that militant feminazis have over the politicians. The babes send them a lot of money and they bow down and do their bidding.


32 posted on 02/12/2014 6:55:50 AM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: Innovative

Stupid. I am actually for plates that say most anything within reason, even pro choice. As I tell my kids you can easily identify the morons of the world by their bumper stickers and license plates.


33 posted on 02/12/2014 7:02:10 AM PST by Resolute Conservative
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To: Innovative

NC should just tell the fed judge ‘s, “Nice opinion”, now enforce it. It’s way past due to tell these judge’s to piss off with their decesions.


34 posted on 02/12/2014 7:02:45 AM PST by mikefive (RLTW)
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To: CitizenUSA
I agree. If someone wants to say they’re pro-life, buy a bumper sticker. Same thing with the pro-death crowd.

The point, though, is that these plates are supported by those who buy them, not your tax dollars. This is about what speech the state will ALLOW.

35 posted on 02/12/2014 7:08:25 AM PST by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: pallis
Give the Democrats their “Kill em’ in the womb” plates. It makes a statement about who they are.

WINNER!!!!!!!!!

36 posted on 02/12/2014 7:10:30 AM PST by Salvavida (The restoration of the U.S.A. starts with filling the pews at every Bible-believing church.)
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To: Innovative

The utter ca-ca of this decision is found in the phrase “viewpoint discrimination”. That is utter nonsense. While it exists, there is nothing wrong with it.

That the license says “North Carolina” is also “viewpoint discrimination”. The very existence of a license discriminates against the viewpoint that licenses are not needed.

Importantly, complaints that the abortion debate is “political”, is also nonsense. There is no “abortion party” or “pro-life party”, though parties lean in those directions.

Yes, clearly this decision should be overturned.


37 posted on 02/12/2014 7:11:05 AM PST by yefragetuwrabrumuy (WoT News: Rantburg.com)
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To: Innovative

Somebody is doing way too many recreational drugs. Our so called “courts” are totally worthless and lawless.


38 posted on 02/12/2014 7:14:48 AM PST by FlingWingFlyer (ObamaCare. The "global warming" of healthcare plans.)
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To: Innovative; stylecouncilor

“In God We Trust” on SC plates is next.


39 posted on 02/12/2014 7:20:37 AM PST by onedoug
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To: Innovative

Who is paying the plate, not the feds so make the plate and move on and tell the feds to shove it unless they are flipping for the cost of the plate.


40 posted on 02/12/2014 7:53:54 AM PST by wild74
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To: Innovative

Great.....give them a “Choose Death” option, and everything’s settled!


41 posted on 02/12/2014 8:21:37 AM PST by cincinnati65
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To: Stosh

In order to cover all sides of this contentious issue, perhaps we can choose between “Lynch Federal Judges”, “Tar & Feather Federal Judges”, “Impeach Federal Judges” and “Bow & Kiss the Ring of Federal Judges”.

Probably not, all are too lengthy to fit on a license plate.


42 posted on 02/12/2014 8:35:15 AM PST by BwanaNdege
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To: Innovative

I wonder if a “Kill a Baby for Obama” license plate would be allowed.


43 posted on 02/12/2014 8:48:50 AM PST by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: DJ Taylor
We've got a "support gay youts" plate in Indiana that Baraq could put on the Prez limo:


44 posted on 02/12/2014 8:51:50 AM PST by nascarnation (I'm hiring Jack Palladino to investigate Baraq's golf scores.)
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To: pgyanke

Nothing prevents private citizens from adding whatever political statements they want via bumper stickers, signs, etc. I certainly don’t agree with the pro-death crowd, but we can’t banish political opinions we disagree with. If we allow pro-life statements on government issued plates, we have to allow the alternate. How would you feel if the situation was reversed?


45 posted on 02/12/2014 9:14:27 AM PST by CitizenUSA (Sodomy and abortion: the only constitutional rights cherished by Democrats.)
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To: Innovative

A three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals unanimously upheld a federal judge’s ruling that the “Choose Life” license plate is unconstitutional.

Say what??? Is it required for people to remove their brains before they become Federal Judges???? Where in the hell within our Constitution does it say any such thing?


46 posted on 02/12/2014 9:21:49 AM PST by SECURE AMERICA (Where can I go to sign up for the American Revolution 2014 and the Crusades 2014?)
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To: Innovative

Sandra Day says we are wrong to criticize our judiciary.
I think we are wrong to not hang some judges.


47 posted on 02/12/2014 9:22:23 AM PST by Joe Boucher ((FUBO) obammy lied and lied and lied)
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To: CitizenUSA
If we allow pro-life statements on government issued plates, we have to allow the alternate. How would you feel if the situation was reversed?

What do I care what people choose to put on their license plate? I'm not one to seek to silence anyone else. People tend to know what goes outside the bounds and censor themselves just fine (typically through ridicule and humiliation).

Frankly, though, it would be refreshing for the Left to take off their masks and proudly support their own agenda. Long live fascism, government dependency and the culture of death! I can see the license plates now... "Don't choose life, Choose Death!", "Save Gaia... Die." The fact that they don't put their views out there front and center but rather just want to silence me is the crux of the problem.

48 posted on 02/12/2014 9:23:01 AM PST by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: pgyanke

The left constantly uses deception—intentionally distorting the plain meaning of words for example—to hide its intent. They’re allowed to do that in a free country, and I don’t want a government that’s powerful enough to silence them anymore than us. The problem here is a state government that permitted some political speech but not the alternative.


49 posted on 02/12/2014 9:29:21 AM PST by CitizenUSA (Sodomy and abortion: the only constitutional rights cherished by Democrats.)
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To: Innovative

NC should allow a “Choose Murder the Unborn” license plate.

Then both sides would be represented.


50 posted on 02/12/2014 9:33:29 AM PST by DannyTN
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