North Carolina Sued For Issuing Pro-Life License Plates While Refusing To Issue Pro-Choice Plates

[alp227]

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The State of North Carolina is about to pay litigation costs to fight for the right to favor pro-life citizens over pro-choose citizens. The state has approved “Choose Life” license plates while steadfastly refusing to allow a pro-choose plate. Now, at a time of budget shortfalls and unemployment, the state will pay to litigate for the right to discriminate on the basis of the content of such messages.

The ACLU has filed suit on behalf of four state residents after lawmakers rejected six proposals for plates bearing words such as “Respect Choice” or “Trust Women; Respect Choice.”

Courts have held that such license plates do constitute speech by a state. ACLU v. Bredesen, 441 F.3d 370, 375 (6th Cir. 2006) (holding that a “Choose Life” license plate is government speech for First Amendment purposes because “the government determines overarching message and retains the power to approve every word disseminated”). Conversely, courts have upheld the right of a state to reject Choose Life plates. Choose Life Ill., Inc. v. White, 547 F.3d 853 (7th Cir. 2009) (“Illinois may not discriminate on the basis of viewpoint, but it may control access to the forum based on the content of a proposed message–provided that any content-based restrictions are reasonable. The distinction between content and viewpoint discrimination makes a difference here.”).

full: http://jonathanturley.org/2011/09/13/north-carolina-sued-for-issuing-pro-life-license-plates-while-refusing-to-issue-pro-choice-plates/

Aww, wook at dat cyooooote cartoon of kids, with the message that abortion is bad bad BAD!

But really, are both sides entitled to recognition in license plates (a 14th amendment argument)? And is anti-abortion message inherently religious (a 1st amendment/religious establishment argument)?

[Quartermass]

1. Good. I hope they lose and lose big. But I'm sure they'll make themselves out to be victims.