North Carolina Judge Finds Pro-LIfe Plate To Be Unconstitutional

untitled-174In 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

56 thoughts on “North Carolina Judge Finds Pro-LIfe Plate To Be Unconstitutional”

  1. “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.”

    Rubbish. The opposite to “Choose Life” is not “Respect Choice.” Its opposite is “Choose Death.”

  2. Greetings! Very helpful advice in this particular post!
    It’s the little changes which will make the most significant changes. Many thanks for sharing!

  3. A frequent mistake new affiliate marketers make is not collecting the email address of a prospect. By sending prospects directly to an affiliate website, you are working to build the owners business, not yours. You should focus on growing your business, not selling affiliate products.

    Here is how you build an affiliate business:

    1. Build an effective squeeze page on your own domain. Don’t write a sales letter for your affiliate product. Instead, write an email course focusing on the strongest benefits of your product. Create a short sales letter that is designed for one thing only –> to get people to subscribe to your course. Then, in your course, promote your affiliate product. The value in this method is that you are actually building a direct marketing business and gaining your own customers.

    2. Build your own list. Concentrate your efforts on sending visitors to your website. The more visitors you get, the more subscribers you get, and hopefully the more money you make. You can never underestimate the long-term value in having your own customer list. You Should continue to build this list. You should be spending at least 65 percent of your time in targeted list building.

    3. It is important to invest a percentage of your earnings back into your business. Congradulate yourself upon making your first sale. Take your spouse to dinner, go to a movie, or buy another internet marketing ebook! Growing your business though, should be your primary goal. You should take at least 60% of your profits and reinvest them back into your business.Smart affiliate marketers invest 60% of their profits back into their business. Some ways to reinvest include buying more ezine ads, adding another pay-per-click campaign, or using some other kind of advertising.

    4. Keep marketing to your list(s).Don’t let your list go stale by not sending emails regularly. You should always be on the lookout for new products to promote.Search for new related products to promote regularly. Write a new email series for each related product you locate and ad it to your autoresponder(s). You should be adding one new series and related product to your auto responder every month. You will have members that unsubscribe from your list but if you are focused on building your list you will always have many more subscribers for each unsubscribe you receive.you shold however have many more subscribers than unsubscribe requests if you continue promoting your list. If you follow these steps, your affiliate business will grow into a very profitable direct marketing business.By following these four simple steps, you can build a great affiliate marketing business.

  4. The greatest failure affiliate marketers make is not collecting a prospects email address. By sending prospects directly to an affiliate website, you are working to build the owners business, not yours. You should focus on growing your business, not selling affiliate products.

    Here is how you build an affiliate business:

    1. Build an effective squeeze page on your own domain. Don’t write a sales letter for your affiliate product. Instead, write an email course focusing on the strongest benefits of your product. Design your squeeze page to promote your email course. Then, in your course, promote your affiliate product. The value in this method is that you are actually building a direct marketing business and gaining your own customers.

    2. We’ve all heard the money is in the list. Spend your time, effort, and money driving targeted traffic to your website. It’s a numbers game and the more visitors you get, the more money you can make. Having lists of buyers that are interested in the products you are promoting is is key. You Should continue to build this list. You should be spending at least 65 percent of your time in targeted list building.

    3. It is important to invest a percentage of your earnings back into your business. When you make a sale, congratulate yourself! Take some of the profits and spend them on yourself. Growing your business though, should be your primary goal. You should take at least 60% of your profits and reinvest them back into your business.Smart affiliate marketers invest 60% of their profits back into their business. How? By purchasing pay per click or cpm advertising, setting up another website with a different affiliate topic, or even purchasing an d marketing an ebook with reprint rights.

    4. Keep marketing to your list(s).Don’t let your list go stale by not sending emails regularly. You should always be on the lookout for new products to promote.Search for new related products to promote regularly. Whenever you find one, write another email series, add it to your autoresponder, and keep promoting to your list. You should be adding one new series and related product to your auto responder every month. Some will get tired of the information you send and unsubscribe, but if you are focused on building your list you will always have many more subscribers for each unsubscribe you receive.you shold however have many more subscribers than unsubscribe requests if you continue promoting your list. If you follow these steps, your affiliate business will grow into a very profitable direct marketing business.By following these four simple steps, you can build a great affiliate marketing business.

  5. Mike and Nick.

    You are correct it is a big pain to have to decipher these plates especially at distances.

    One reason is typically there are two very small letters, one on top of the other next to several numbers. Most people don’t see the small letters (in the example picture above they are the C/L ) It can also be at times hard for someone not in that state to know if a letter on the plate is part of the registration number or not. Our university of washington plate here has a large purple W on it. Many people might think that is part of the registration number but it isn’t, it’s just a graphic. The Masonic Lodge one has a G in the middle of the logo.

    Look at all the ones here in just one state

    http://www.dol.wa.gov/vehicleregistration/specialdesign.html

  6. OS

    You remind me of a time when I drove up to check on a man who’s motorcycle had broken down on the side of the road. I told the dispatcher I was contacting a disabled motorcycle and read the plate to her before I got out of the car.

    As I talked with the driver, who was from out of state as was the M/C’s plate, the dispatcher gave out our code word for a stolen vehicle. I had her confirm the stolen report from the agency in that state and she later said it was confirmed. The registration on the plate did not match the driver’s name. He stated the motorcycle was his. He did not have the registration.

    The man’s demeanor was such that there was no indication whatever that he was deceptive or doing anything out of the ordinary, and I believed something was wrong and this was not the usual stolen vehicle situation.

    I called up the dispatcher on my cell phone and prodded further. I asked her to confirm the make and model and it came back to a car, not a motorcycle in that state. I later found out the dispatcher did not enter the fact that it was a motorcycle when making the query into NLETS and NCIC came back with the stolen match. The dispatcher did not notice the vehicle that was stolen was a car and not a M/C that I had told her earlier. I could see this man getting hooked up by some officers who jumped to conclusions too quickly.

    It turns out that state is one where the exact same license plate number can be issued for two vehicles of different types. I had another case where I went to write a handicapped parking ticket to a pickup and it came back to a Chevy Monte Carlo, again because Pickup Truck was not specified and the system defaults to passenger car unless told otherwise. That was a Montana plate.

    One would think that with the billions of possible number combinations possible in plates, states would avoid all this possible confusion and have unique plates for any vehicle. But then again that would make sense.

  7. Well folks thanks much. And MikeS you’re correct, cops hate these plates and as you and Ariel and ap said, it’s hard to determine the state often times. For me it was just a pain in the ass, for cops it can be life/death. Amber Alerts comes to mind.

  8. Do away w/ ALL these horseshit issue plates. -Nick S.

    Yep. And the plates should be fully exposed, allowing one to see the name of the state, county and any other identifying info.

  9. Many years ago, I remember reading a news article about a fellow who had the police come to his home and arrest him for several thousand outstanding tickets, most of them parking violations. When he was brought before the judge, the truth came out. His custom license plate read, “NONE.”

    When the police issued tickets, if the car was missing a plate, they wrote “None” in the space for the plate number.

  10. While I agree with Prof. Turley on the Constitutional issue, this by Nick S “Do away w/ ALL these horseshit issue plates” is the best response here. The plates are to be able to identify a vehicle, by state and number. Right now my state has something like 25 different configurations, add that to adjoining states and I have little chance of recognizing the state those plates belong to while catching only a few numbers on the plate.

    As for the abortion issue, I’m pro-life while for allowing abortion.

    1. “this by Nick S “Do away w/ ALL these horseshit issue plates” is the best response here.”

      Ariel said it and I also agree. It is something that has been on my mind for years. The purpose of a license plate is to allow the vehicle to be identified as being registered by a certain person. One would presume that is to make the job of police easier. I would think it makes it harder.

  11. When I was doing surveillance and having to run license plates I hated all these different type plates. You can’t keep up w/ them! Just a way for the state to raise more revenue. Who in their right mind would spend more for a license plate than they needed to pay. Do away w/ ALL these horseshit issue plates.

  12. I remember Ft. Bragg, N.C. when you take manchester road west and look at the first DZ on the left you have …
    THE PROPHECY: THE PROPHET SHALL BE CAST INTO THE GROUND.
    died and brought MYSELF back. so the DZ is the first HOLY site that is confirmed.

    yup! been to commo, jump, shooting, ranger,and several other schools. some not listed.

    then there was the little drummer boy. a song of promise that always brings tears. because at the end of the song HE smiled.

    but! you are seeing the things that must be done. they require that all congressmen get told about GOD on this site. if you live in a different country then write your respective presidents as well telling the same, with every person also writing the united nations saying that the united nations must tell every respective president and countryman.

    buddha had somethings rite. buddha was spiritual. which I had to learn just like everyone does.
    ==========================
    ACTS 21 is written as it happened, and it is fricking nasty. it is on “a black pope blog being or nothingness”.
    with brewer, and ‘nough terd both were written emails from MYSELF.

    and mr. mueller I want to talk to you in person. I got you to the 21st like wrote. right down to sarah palins mouth and the retard being born and called a blessed child after JESUS was announced in 88.

  13. And, as a Dog Pro, I am Pro Choice, which means that I usually only go to professionals when it comes to things like sex or golf.

  14. When I went through my Judgment Day hearing I had come from Nuremburg, Germany where they have outlawed the death penalty for outlaws, and it was determined that I had been a good human so they let me come back in this life, at my Pro Choice, as a dog. Thats my story and I am stickin to it.

  15. What they could do in that State where The People are guilty of kllling people under the sham of the word “execution” which is preceded by a prayer from a ten dollar a day preacher who dont know nuthin bout birhin babies, all in violation of the Sixth Commandment of Thou Shalt Not Kill which aint got no exceptions written in stone that says “Y’all Can”, is give convicted humans sentenced to death a chioce. Sentence them to life in prison, which is sort of Pro Life, but allow them the option of physician assisted suicide. That way they can satisfy sinners who are Pro Life and sinners who are Pro Choice. Except that the People of The State of North Carolina are gonna have to answer for the statute which imposes DEATH when their time comes before Saint Peter. Those that claim that they never voted in any election in their lifetimes for any state legislative member who might have passed a death penalty act, or those that claim that they never sat on a jury that imposed the death sentence, will not get off the hook. No, when their time comes Saint Peter will likely be playing golf and have a stand-in that day at the Pearly Gates and his name will likely be Captain Hook.

  16. The Bill of Rights should only be used as they were originally intended, to protect us from the federal government. I think it is a mistake to use the federal Constitution to protect us from the states. Better to fight these issues out locally. The problem with federalism is that you create a behemoth all powerful federal government that no one can protect us from.

  17. How about going back to the idea of license plates as being the means to identify a vehicle. Oh wait, it is a potential revenue source, for the state coffers and more importantly to some, election campaigns.

    And what Rich said.

  18. If someone wants to convey a particular political position, let them buy a bumper sticker instead.

Comments are closed.