Skip to comments.Federal court rules North Carolina 'Choose Life' license plate unconstitutional
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 ...
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?!
See the Tenth amendment die.
If I were whoever controls license plates there I’d ignore those federal bastiges.
Was this Fed Judge in NC in Asheville?
” . . . 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.
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?
Pretty convoluted reasoning, wouldn’t you say?
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... :(
“North Carolina’s anti-abortion license plate is unconstitutional”
Actually the plate is clearly “Pro Choice”.
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.
Planned Parenthood and its henchhags should make their message crisp and clear with “Choose Abortion” license plates.
License plates need to go back to being license plates and not advertisements and statements and sports ads, etc.
I live in NC and told a friend that the DMV should authorize a “Choose Death” one for the pro-aborts. Problem solved.
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
They should make another plate available. “choose death”
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?!
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Uhhhhhhh...just what IS the other side of choosing life?
Just get a Choose Life bumper sticker. A state-issued license plate should just be a license plate.
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?)
“They should make another plate available. choose death”
Note to self: Read all the posts. There are a lot of clever people out there...
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?
“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 isnt one for the opposing view Example: Support Wildlife Conservation (Wheres Oppose Wildlife Conservation?) Remember 9/11 (Wheres Forget 9/11?)”
Yeah but vanity plates and logos are a cash cow for the government so they will stay.
More emanations and penumbras.
See my post 8, one of the judges was appointed by Obama.
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.
No the opposite of remember 9 11 is celebrate 9 11. The other side doesn’t want to forget it either.
Give the Democrats their “Kill em’ in the womb” plates. It makes a statement about who they are.
I agree. If someone wants to say they’re pro-life, buy a bumper sticker. Same thing with the pro-death crowd.
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.
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.
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.
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.
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.
Somebody is doing way too many recreational drugs. Our so called “courts” are totally worthless and lawless.
“In God We Trust” on SC plates is next.
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.
Great.....give them a “Choose Death” option, and everything’s settled!
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.
I wonder if a “Kill a Baby for Obama” license plate would be allowed.
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?
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?
Sandra Day says we are wrong to criticize our judiciary.
I think we are wrong to not hang some judges.
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.
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.
NC should allow a “Choose Murder the Unborn” license plate.
Then both sides would be represented.