In an important ruling today, U.S. District Court Judge James C. Fox ruled that North Carolina is violating the Constitution by issuing pro-life license plates without issuing a pro-choice license plate. We have discussed this contradiction below and I believe Fox is absolutely correct on the issue.
Fox found that “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.”
While the legislature approved the “Choose Life” plate in 2011, it repeatedly refused requests for pro-choice plates reading “Trust Women. Respect Choice,” or simply “Respect Choice.”
It is clear that these plates constitute a form of speech covered by the first amendment and the denial of the alternative plates shows the regulation of the content of such speech. While government speech is not subject to scrutiny under the Free Speech Clause, Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467-68 (2009), government regulation of private speech is subject to the Free Speech Clause and must be content neutral. The decision this week follows precedent laid down by the Fourth Circuit in Planned Parenthood v. Rose, 361 F.3d 786 (4th Cir. 2003). In that case, the court found that “both the State and the individual vehicle owner are speaking” in such license plate messages.
What most disturbs me is that North Carolina schools are struggling and citizens are in desperate need of social services in this economic crisis. Yet, the legislature is still triggering these expensive litigation fights by trying to find ways of expressing religious views while silencing alternative views. It shows not only a lack of understanding of our Constitution as citizens but a lack of responsibility as legislators.
Here is the opinion of Judge Fox
Source: FOX8
It really doesn’t take much a lot of understanding of American law or the Constitution to know this plate in un-Constitutional. The fact is that the state permits its use. Whether approval came through a legislative or bureaucratic process, it had to pass through several people to receive final acceptance of the design of the plate. The fact that it went through that and came out the other end without someone killing the idea because of onstitutionality demonstrates a clear contempt for their state’s and our national laws, traditions and Constitution and a preference for their holy book as law.
“What most disturbs me is that North Carolina schools are struggling and citizens are in desperate need of social services in this economic crisis. Yet, the legislature is still triggering these expensive litigation fights by trying to find ways of expressing religious views while silencing alternative views. It shows not only a lack of understanding of our Constitution as citizens but a lack of responsibility as legislators.”-JT
The uptick in legislation like this has come on the heels of the GOP gaining control of the NC House and Senate in 2010 for the first times in over 100 years. This nonsense is happening on small scales in districts all over too.
Where I live, our House Rep has begun a war to seize the water rights and ownership of our reservoir and water infrastructure for the State. Guess what. He’s a teabagger. Despite the overwhelming ballot referendum against the seizure(87% opposed) the State legislature has moved forward. They offered us compensation(minimal), but threatened if we don’t comply they have the authority to seize for zero compensation. Nothing like a representative who’s last priority is actual representation of the constituents to make ya love gov’t in action.
Mespo, your current governor feels strongly both ways about anything that looks like it could provide or deprive him of votes.
I am from Raleigh NC and not surprised. They should have had several pro-life motivated murders by this time. Nice people if you are made using the same cookie-cutter. Opinions? Go to church to find out.
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pete,
there we have the dilemma again. if possible they will avoid the issue.
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BettyKath,
“I support the life of the mentally ill who live on the street b/c there is no facility available for the indigent mentally ill.”
Me too. Talked with another guest at a dinner last Safurday. He works in ER for psych as a diagnosing psychiatrist. He remits them for trearment, but the departments don’t want patients. Too much to do!!!
This confirms 20 year old data where the average workload of a treatment psychologist was 5 patients a week, one hour each..
Psych care is not working here in Sweden.
Milo Alan Fabian 1, December 10, 2012 at 2:10 pm
So, the State should also issue a Pro-Death plate?
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No, a pro-choice plate.
That is because, as you know perfesser Akin informed us that magic teflon vagina juice kicks in during legitimate rapes, so choice is not needed then.
Has anyone actually requested a pro-choice plate and been turned down?
will this affect other states with “choose life” plates? and by other states i mean floriduh.
I want a plate that says: Thou Shalt Not Kill– No Exceptions for Y’all.
with a tag line under that: End The Death Penalty in NC
So, the State should also issue a Pro-Death plate?
rafflaw:
“Are you suggesting that Governor McDonnell is wishy washy or just confused?”
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Yep.
DonS:
“If Ken Coocoonelli (sic) had his way, we’d still be fighting this one.”
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You are exactly right. That’s why Ken Cuccinelli has a “women” problem in his bid for governor. Look, when current Va. Lt. Governor Bill Bolling won’t endorse another Republican you know the other Republican has a problem.
Of all the disgusting knee-jerk phrases the reichwingnuts have come up with, “pro-life” is one of the dumbest. If you talk with them (or try to), you’ll find they are virtually all for the death of people via war, capital punishment, etc.
They are, however anti-choice when it comes to women controlling their own reproductive choices, and pro-controlling women’s minds and bodies.
Someone on another blog calls them “forced birthers,” which is an apt description. Protect the fetus at all costs, no matter what kind of harassment they put a woman through…, but once the child is born, the woman’s on her own because then they don’t want to let her have any social services or job training or affordable child care or medical care for her and her child so she can get back in the job market.
Such compassion…. (/snark)
“What most disturbs me is that North Carolina schools are struggling and citizens are in desperate need of social services in this economic crisis. Yet, the legislature is still triggering these expensive litigation fights by trying to find ways of expressing religious views while silencing alternative views. It shows not only a lack of understanding of our Constitution as citizens but a lack of responsibility as legislators.”
Why bother with substance when pandering can get you elected and is a proven method. Good court decision, religious viewpoints have no place on materials issued by a state.
I think bumper stickers are the right place for political messages, not license plates.
I support life. I support the life of the pregnant woman who sometimes has difficult medical decisions to make. I support the life of the miscreant who should spend the rest of his/her life locked away from society (no death penalty). I support the life of the mentally ill who live on the street b/c there is no facility available for the indigent mentally ill. I support the life of the child living in poverty who needs better food, home, and hope.
“Pro-life” has been promoted as the better option when it too often can lead to the death of a woman and sometimes, the mother of other children. Taken to the extremes it will lean to the deaths of more women who, out of desperation, choose unsafe abortions or more unwanted babies being abandoned in unsafe conditions. It’s part of history that shouldn’t be repeated.
The Virginia ‘compromise’ did not come about graciously or without a struggle. To quote from Wikipedia “The Virginia Legislature did not favor adding pro-choice plates, but had little choice after the Fourth Circuit U.S. Court of Appeals ruled that Virginia allowing pro-life plates meant the plates constituted a public forum for speech. To offer a plate espousing one viewpoint while not allowing an equally popular opposing viewpoint was therefore ruled unconstitutional.”
If Ken Coocoonelli (sic) had his way, we’d still be fighting this one.
mespo,
Are you suggesting that Governor McDonnell is wishy washy or just confused? 🙂
Seems to be a reasonable decision.
I’m happy to say Virginia has had a “pro-choice” license plate since then-governor (now US Senator-elect) Tim Kaine signed the bill in 2009. (Disclaimer: I supported Tim). Governor Bob McDonnell also signed a similar bill in 2010 when Planned Parenthood asked for a “Trust Women/Respect Choice” plate. That’s interesting in that McDonnell at first supported then decried a bill in the last session to require women to undergo invasive transvaginal ulrtasounds prior to abortions. Seems our current governor feels strongly both ways about women’s reproductive rights.
Religious activists taking over State governments causes these kinds of unconstitutional actions.
He better get a body guard . . .