Federal Judge Rules North Carolina "Choose Life" License Plates Unconstitutional

[Zaac]

RALEIGH, N.C. – A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless the state offers similar plates supporting abortion rights.U.S. District Court Judge James C. Fox ruled on Friday that North Carolina cannot produce or distribute the “Choose Life” plate.Judge Fox concluded, “The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”

The American Civil Liberties Union of North Carolina Legal Foundation had filed a lawsuit in the U.S. District Court for the Eastern District of North Carolina in Sept. 2011 on behalf of North Carolinians seeking a specialty license plate that supports a woman’s right to reproductive freedom.
“This is a great victory for the free speech rights of all North Carolinians, regardless of their point of view on reproductive freedom,” said Chris Brook, legal director of the ACLU-NCLF.

Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view.
http://myfox8.com/2012/12/10/judge-finds-nc-choose-life-plates-unconstitutional/

I would have started printing a "Choose Murder" license plate the next day. Might as well know who these folks are when you're on the road with them.

 

[Oldtimer]

As a resident of NC I agree with this ruling, even though I believe that life begins at conception and abortion is murder.

Further, the state should get out of this speciality plate business. Period.

There are about 100 types of special-interest license plates available that let you promote your cause or yourself. Most of these can also be personalized. Some examples include: litter prevention, kids' advocacy, handicap, and military veterans. Each plate has its own special requirements, and some you may have to qualify for. http://www.dmv.org/nc-north-carolina/license-plates.php

Take a look at what's being offered now.
https://edmv-sp.dot.state.nc.us/sp/SpecialPlates?serviceType=EXP&fM=Y

Especially the special interests plates.
https://edmv-sp.dot.state.nc.us/sp/SpecialPlatesList?category=special

Why should the NC government be promoting Piedmont Airlines for example:
https://edmv-sp.dot.state.nc.us/sp/ShowSpecialPlate?category=special&code=PAR or a sports team https://edmv-sp.dot.state.nc.us/sp/ShowSpecialPlate?category=special&code=PAN

What is it costing the taxpayers of NC to maintain and grow this concept? Yes, there are extra fees charged, but knowing government's inefficiency.....

All I need on the back of my car is a plain old piece of metal with the numbers & letters assigned to my vehicle.

 

[Salty]

From the quote in the OP

Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view.

Has NC denied a group to have a "Pro-choice" plate?

To my knowledge - NO - if the state of NC, denied it, that would be one story.

 

[go2church]

Perhaps if pro-life folks spent less time trying to make political points on a license plate and more time actually helping women.....well

 

[Revmitchell]

Perhaps if pro-life folks spent less time trying to make political points on a license plate and more time actually helping women.....well

This statement is inane at best. Good grief.

 

[mont974x4]

I don't have a problem with specialty plates. We have several options here. I have Army veteran plates. My parents each have Marine plates. There's DAV (Disabled American Vet) plates, colleges, and a myriad of other options. Another example is "Mercy Flight" (which is our air ambulance service). There are some requirements for some of these (like a DD 214). They all cost extra. I believe the extra money is split between the state and the organizations. Seems to me its a win-win situation.

Why would this not be protected under the 1st Amendment?

 

[Salty]

I would love to see some Federal judge rule this as unconstitutional

 

[go2church]

This statement is inane at best. Good grief.

Because license plates advance the pro-life cause so well. What giant waste of time. But you're into those I guess

 

[Oldtimer]

I don't have a problem with specialty plates. We have several options here. I have Army veteran plates. My parents each have Marine plates. There's DAV (Disabled American Vet) plates, colleges, and a myriad of other options. Another example is "Mercy Flight" (which is our air ambulance service). There are some requirements for some of these (like a DD 214). They all cost extra. I believe the extra money is split between the state and the organizations. Seems to me its a win-win situation.

Why would this not be protected under the 1st Amendment?

Until I'm shown otherwise, suspect that some of the cost of producing those speciality plates is born by all taxpapers. NC government is always crying about not having enough money in the coffers. Yet, they spend money as if it grows on trees. The speciality plates is just one issue within a much larger one relating to transportation expenses and taxing folks for same.

Yes, IMO, it is a freedom of speech issue. If one group can get their position stated on licence plates, then all others should have the same right. The state of NC should stay out of the controversy by refusing to turn vehicle ID numbers into rolling billboards. There are many, many, other ways to express positions on matters and to aid worthwhile causes that don't require government involvement.

 

[Salty]

Because license plates advance the pro-life cause so well. What giant waste of time. But you're into those I guess

You have to get license plates one way or the other. So how can it be a waste of time

Until I'm shown otherwise, suspect that some of the cost of producing those specialty plates is born by all taxpapers. NC government is always crying about not having enough money in the coffers. Yet, they spend money as if it grows on trees. The speciality plates is just one issue within a much larger one relating to transportation expenses and taxing folks for same. .

First, specialty plates cost extra money (some exceptions ie POW, MOH) not only for initial registration, but for each renewal. IMHO the State actually makes a profit.

Yes, IMO, it is a freedom of speech issue. If one group can get their position stated on license plates, then all others should have the same right.
.

Fully agree - if a pro-abortion groups wants to sponsor such a plate - as much as I dislike it - they should be allowed to do so. But has any group been denied to have such a plate. Until I'm shown otherwise, suspect that is NOT the case.

The state of NC should stay out of the controversy by refusing to turn vehicle ID numbers into rolling billboards. There are many, many, other ways to express positions on matters and to aid worthwhile causes that don't require government involvement.

If that is the case than any and all specialty plates should be done away with including but not limited to: military, colleges, sports teams ect......


For info click on this webpage

 

[go2church]

How much money and time has been wasted trying to get a special plate for those supporting the pro-life movement, to what end? Has anyone ever changed their mind because of what a license plate says?

Want to know why Christians are mocked and ridiculed, it's nonsense like this and I might add deservingly so!

 

[Revmitchell]

Christians are going to be mocked and ridiculed no matter what they do. But this is simply your assertion without evidence. Why is it only liberals do not like things like this? Grow up.

 

[Revmitchell]

By the way I know Russ who heads up getting these plates in states. He is very solid. Much more solid than the griping liberals who make childish quips about him.

 

[go2church]

Much better for fund raising to present yourself as being persecuted and marginalized while you foolishly tilt at windmills. Sure you could sell a $5 license plate frame, but that ain't gonna pay the bills now is it!

 

[Magnetic Poles]

I would love to see some Federal judge rule this as unconstitutional

Totally different. That is private business, not the state govt.