Free speech on a plate?

As usual, the ACLU is an opponent of free speech

"The ACLU has managed to block North Carolina from issuing license plates with a “Choose Life” message because the state legislature declined to also issue “Choose Death” plates.

U.S. District Judge James Fox didn’t put it that way in his Nov. 28 injunction, but he did agree with the ACLU that the absence of an opposing plate violates the First Amendment. The problem arose because lawmakers refused to authorize the “Respect Choice” plate that Planned Parenthood wanted as part of its ongoing “Culture of Death” initiative.

The ruling prompts the question of whether every expression allowed on a license plate must be accompanied by a contrary view, sort of a Fairness Doctrine for motorists.

Tennessee also found itself in court over “Choose Life” plates in 2004 in ACLU of Tennessee v. Bredesen. In 2006, the 6th U.S Circuit Court overturned a district court ruling against the state, saying, “Government can express public policy views by enlisting private volunteers to disseminate its message, and there is no principle under which the First Amendment can be read to prohibit government from doing so because the views are particularly controversial or politically divisive.”

The court pointed out that nobody is forced to buy the “Choose Life” plates, unlike, say, New Hampshire’s “Live Free or Die” plates that all Granite State vehicles must bear.

The current controversy is likely to continue for years, as courts have been all over the map, with some ruling that message plates constitute a “public forum,” and others disagreeing. Twenty-nine states have “Choose Life” plates or have authorized them, according to the Winston-Salem Journal

Source

Posted by John J. Ray (M.A.; Ph.D.).