NC Choose Life License Plates Unconstitutional

[NewOrleans]

<)

A federal appeals court on Tuesday ruled that North Carolina’s attempt to offer a “Choose Life” license plate and not provide an abortion-rights alternative was unconstitutional.

The ruling is the third time one of the Republican-led General Assembly’s abortion laws has been struck down over the past three years.

The U.S. Court of Appeals for the Fourth Circuit ruled in a 3-0 opinion written by Judge James Wynn of North Carolina.

“Chief amongst the evils the First Amendment prohibits are government ‘restrictions distinguishing among different speakers, allowing speech by some but not others,’ ” Wynn wrote, quoting the U.S. Supreme Court decision on campaign financing known as Citizens United. “In this case, North Carolina seeks to do just that: privilege speech on one side of the hotly debated issue – reproductive choice – while silencing opposing voices.”

The ruling came in a lawsuit filed against the state by the American Civil Liberties Union of North Carolina Legal Foundation. ACLU legal director Chris Brooks said the ACLU would have made the same argument if the situation was reversed and the state was allowing only a pro-choice license plate.

“Today’s ruling protects the right of North Carolinians of all political beliefs to have equal access to avenues for free speech,” Brooks said in a statement the organization released.

John Rustin, president of the N.C. Family Policy Council, said he hopes the state will continue to fight for the license plates.

“We encourage the State of North Carolina to continue its defense of this important law,” Rustin said.

The license plates were never on the street, because U.S. District Court Judge James Fox in November 2011 temporarily blocked the law, and then ruled in December 2012 that the plates were unconstitutional viewpoint discrimination. The state attorney general appealed, and the case was heard by the appeals court in Richmond, Va., in October.

North Carolina argued that the license plates constituted permissible “government speech” expressed by the state’s elected officials, not private speech. Government speech isn’t subject to scrutiny under the free speech clause of the First Amendment, according to the U.S. Supreme Court.

The Fourth Circuit in 2002 ruled that Virginia’s ban on the plates with the confederate flag was unconstitutional. Out of that case came the view that some speech is both private and government, and the case established factors for determining private versus government speech

The appeals court also ruled in 2004 that a similar “Choose Life” license plate law in South Carolina was unconstitutional, while implicating a mixture of private and government speech rights.

Wynn wrote that in the North Carolina case there were more factors indicating private speech than government speech.

Carl Tobias, a law professor at the University of Richmond, said the Fourth Circuit’s precedent rulings are well-established, and are the reason Virginia has an abortion-rights license plate as well as a “Choose Life” plate.

“It is unclear to me why North Carolina chose to fight this losing battle and will now have to pay attorneys’ fees,” Tobias said.

The attorney general’s office had no comment on the ruling Tuesday.

Another federal appeals court – the Sixth Circuit – has ruled to the contrary in a “Choose Life” case from Tennessee, and the U.S. Supreme Court has not dealt with the license plates issue directly.

The General Assembly approved a bill authorizing a number of new specialty license plates in June 2011. Democratic lawmakers were unsuccessful in several attempts to amend the bill to include plates with an alternative view, such as “Respect Choice.”

The plates would have cost $25 a year, with $10 going to the state highway fund and $15 to an umbrella organization that promotes alternatives to abortion through “crisis pregnancy centers.”  

The funding scheme is part of a national effort to promote similar license plates across the country.

Federal judges have also struck down recent North Carolina laws that defunded Planned Parenthood and that required doctors to narrate and display ultrasound images in the days and hours before an abortion. The ultrasound ruling is under appeal.

Chief Judge William B. Traxler and Judge George L. Russell III from the U.S. District Court in Maryland were also on the panel.

Jarvis: 919-829-4576; Twitter: @craigj_NandO


FacebookTwitterGoogle PlusRedditE-mailPrintOrder a reprint of this story

JOIN THE CONVERSATION
News & Observer is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service

TODAY'S CIRCULARS

VALUE CITY FURNITURE
BRAND NEW

DELL US
VALID UNTIL MAR 31

MACY'S
JUST RELEASED

BIG LOTS
SNEAK PEEK

SHOPKO
EXPIRES TOMORROW

PETSMART USA
PREVIEW THE DEALS

TARGET
THIS WEEK ONLY

SLUMBERLAND
THIS WEEK ONLY
View All Circulars



Read more here: www.newsobserver.com/2014/02/11/3612005/appeals-court-rules-choose-life.html#storylink=cpy

[earlgreyhot]

Does this apply to all states? I saw a VA "choose life" tag the other morning.

[ChillyMcFreeze]

Offer a "respect choice" license plate. It's that easy, dickheads.

NC politics confuse me.

[earlgreyhot]

Feb 11, 2014 22:32:13 GMT -5 @bunnybean said:

Feb 11, 2014 21:28:46 GMT -5 earlgreyhot said:

Does this apply to all states? I saw a VA "choose life" tag the other morning.

We have a "Trust Women, Respect Choice" plate. 

www.dmv.state.va.us/exec/#vehicle/splates/info.asp?idnm=TWRC

It goes to Planned Parenthood, but they go to great lengths to let you know the funding NEVER PAYS FOR ABORTIONS ZOMG.

Didn't know that...haven't seen that one. I like it though.

[emilyj]

Alabama has one. I want our ACLU to get on this now.



Apparently when you choose life in Alabama, you choose to give the kids jaundice.

Edited because the first picture was huge. 

[heyjude]

Feb 11, 2014 21:28:46 GMT -5 earlgreyhot said:

Does this apply to all states? I saw a VA "choose life" tag the other morning.

"Carl Tobias, a law professor at the University of Richmond, said the Fourth Circuit’s precedent rulings are well-established, and are the reason Virginia has an abortion-rights license plate as well as a “Choose Life” plate."

[Deleted]

Feb 11, 2014 23:07:59 GMT -5 emilyj said:

Alabama has one. I want our ACLU to get on this now.



Apparently when you choose life in Alabama, you choose to give the kids jaundice.

Edited because the first picture was huge. 

In TN you are saving white babies.. 

[Deleted]

I'd like a plate that is just as "feel good" as "Choose Life"

Maybe "Support Women's Health"

[tef]

Feb 11, 2014 21:28:46 GMT -5 earlgreyhot said:

Does this apply to all states? I saw a VA "choose life" tag the other morning.

It sounds like you have balance so probably not?

Sent from my SCH-I535 using proboards

[earlgreyhot]

Feb 12, 2014 6:23:46 GMT -5 tef said:

Feb 11, 2014 21:28:46 GMT -5 earlgreyhot said:

Does this apply to all states? I saw a VA "choose life" tag the other morning.

It sounds like you have balance so probably not?

Sent from my SCH-I535 using proboards

I'm actually DC so we are "taxation without representation" all the way!

But yeah, I guess since VA offers the the political alternative it's constitutional!

[redheadbaker]

Shit like this makes me rage.

Not exactly the same, but S.O. and I were driving to my parents' pick up DS and the dogs the day after I was discharged from the hospital after my D&E.

For about 5 miles on a one-lane road, we're stuck behind some bitch with anti-abortion bumper stickers all over her car.
Why do people feel the need to put that all over their car?!?

[onomatopoeia]

Feb 12, 2014 9:14:41 GMT -5 redheadbaker said:

Shit like this makes me rage.

Not exactly the same, but S.O. and I were driving to my parents' pick up DS and the dogs the day after I was discharged from the hospital after my D&E.

For about 5 miles on a one-lane road, we're stuck behind some bitch with anti-abortion bumper stickers all over her car.
Why do people feel the need to put that all over their car?!?

Because don't you make life altering personal decisions regarding your health and reproductive rights based on bumpers stickers you see on your commute?  I know I do. 

[Deleted]

Feb 11, 2014 23:07:59 GMT -5 emilyj said:

Alabama has one. I want our ACLU to get on this now.



Apparently when you choose life in Alabama, you choose to give the kids jaundice.

Edited because the first picture was huge. 

OMG I hate that tag.  It makes me want to throw things at their car.

[cattledogkisses]

Bleh. Why do license plates have to make a political statement at all? I know some of them support good causes (off the top of my head, Maine has plates that support animal welfare, local farmers, and military families), but I'd really be ok with just one standard plate per state, that has your state animal or flower or whatever on it and that's it.

[Deleted]

Alabama has SO MANY TAGS. OMG. There's enough that I swear you could fit them all in a catalog. And they all benefit SOMETHING.

In fact, Alabama has 2 standard tags.

[cattledogkisses]

Yeah, I just looked it up and Maine currently has 22 different license plates. At what point does it become ridiculous? When did license plates start supporting causes anyway?

[emilyj]

Feb 12, 2014 12:12:22 GMT -5 @autiger said:

Alabama has SO MANY TAGS. OMG. There's enough that I swear you could fit them all in a catalog. And they all benefit SOMETHING.

In fact, Alabama has 2 standard tags.

When I got mine the last time, the woman started issuing me the "God Bless America" one.  I asked for the other one, and she gave me a huge dirty look and told me that wasn't very Christian of me.  

[Deleted]

Feb 12, 2014 12:33:15 GMT -5 emilyj said:

Feb 12, 2014 12:12:22 GMT -5 @autiger said:

Alabama has SO MANY TAGS. OMG. There's enough that I swear you could fit them all in a catalog. And they all benefit SOMETHING.

In fact, Alabama has 2 standard tags.

When I got mine the last time, the woman started issuing me the "God Bless America" one.  I asked for the other one, and she gave me a huge dirty look and told me that wasn't very Christian of me.  

Oh my.  I think some ugly words would've flown out of my mouth.  And I AM Christian, so, you know, I can only imagine her response then lol.

[emilyj]

Feb 12, 2014 12:35:00 GMT -5 @autiger said:

Feb 12, 2014 12:33:15 GMT -5 emilyj said:

When I got mine the last time, the woman started issuing me the "God Bless America" one.  I asked for the other one, and she gave me a huge dirty look and told me that wasn't very Christian of me.  

Oh my.  I think some ugly words would've flown out of my mouth.  And I AM Christian, so, you know, I can only imagine her response then lol.

I told her "Either is your judging.  And I'm Jewish*."

*I'm not, but I will tell people I am when they get too Christian on me. 

[Deleted]

Hahaha. That is awesome. I hope she took that slap to the face well.

[EloiseWeenie]

It is such a weird thing to put on your license plate. I'll keep my UNCW plate.

[terpsfan]

My new neighbor has a "take my hand, not my life" bumper sticker on his back window. Not going to lie, that colors my view of him. I hadn't seen it up close until we were all parked at the bus stop today. Totally judging now!

[Scout'sHonor]

Feb 12, 2014 13:24:11 GMT -5 terpsfan said:

My new neighbor has a "take my hand, not my life" bumper sticker on his back window. Not going to lie, that colors my view of him. I hadn't seen it up close until we were all parked at the bus stop today. Totally judging now!

I just saw not one, but two, of these on a car this morning.  Along with another pro-life one.  I rolled my eyes but also laughed at being so FOR THE BABIES that they needed two copies of the same one.

[msmerymac]

Feb 12, 2014 12:08:20 GMT -5 cattledogkisses said:

Bleh. Why do license plates have to make a political statement at all? I know some of them support good causes (off the top of my head, Maine has plates that support animal welfare, local farmers, and military families), but I'd really be ok with just one standard plate per state, that has your state animal or flower or whatever on it and that's it.

California was the same way. They had a veterans one, a police and fire one, one that supported early childhood education, one that supported whales/beach clean up, and a Tahoe one that supported the environment as well. All pretty non-controversial, and there were "only" 6-8 plates, and not 40 like some states have.

I don't think NY has special plates. I think PA has a handful, but I really haven't seen any.

[downtoearth]

MT has both the "Choose Life" and the "Pro-Family, Pro=Choice" plates.






But really this one will get your car keyed in certain areas WAY more than either of those:



Liking or hating wolves puts you in an automatic clique here in MT.

[Deleted]

TN has so many different plates.

The ones I really don't get are the Florida State and such plates. Why do we have TN Plates for a college that isn't even the damn state?

[ChillyMcFreeze]

Feb 13, 2014 13:03:41 GMT -5 @septimus said:

TN has so many different plates.

The ones I really don't get are the Florida State and such plates. Why do we have TN Plates for a college that isn't even the damn state?

I agree with this. When I see a Georgia state Auburn tag, I go cross-eyed. I'm sure part of the proceeds go to the school's foundation. Doesn't the state have an interest in keeping those funds in the state? /pet peeve

[NewOrleans]

Illinois has Chicago Blackhawks plates.

FTW!

[Deleted]

We have this one, which considering the Columbine is on there makes it a little more about "don't go randomly killing people" than being PL



I also found this while searching for that photo: