Federal Court Backs "Choose Life" Plates

Arizona's Denial Of Anti-Abortion Group's License Plate Request Violated First Amendment

(AP)  A federal appeals court ruled Monday that an Arizona commission violated the First Amendment rights of an anti-abortion group by denying a request for a special "choose life" license plate.

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the state's system for allowing special plates effectively created a public forum for private speech and that the denial of Arizona Life Coalition's request was based on the viewpoint that would be expressed.

"Messages conveyed through special organization plates - although possessing some characteristics of government speech - represent primarily private speech," Judge Richard C. Tallman wrote in a three-judge panel's opinion.

The appellate court ordered a trial judge to take further action "as are necessary to ensure that its specialty license application is approved" by the License Plate Coalition.

The ruling "is a great decision for freedom of speech," said attorney Peter Gentala, one the coalition's attorneys.

"The Life Coalition's message has been censored for six years. Now it's time for the commission to act quickly to approve the plates so they can go into production as law allows," Gentala added.

Spokeswoman Andrea Esquer said the Attorney General's Office, which represented the commission, said officials were reviewing the ruling and had not decided what to do in response.

The Arizona Life Coalition submitted its application in January 2002 and, after the commission denied the application, sued the state in September 2003.

The 9th Circuit's ruling overturned one in which U.S. District Judge Paul G. Rosenblatt said the coalition failed to show that its constitutional rights for free speech and equal treatment under the law were violated by the commission.

Rosenblatt said the commission acted reasonably while trying "to avoid the appearance (of) political favoritism in an otherwise nonpublic forum and maintained state neutrality on the issue, giving neither side a leg up in this hotly debated public question."

The Arizona commission was created in 1997 to oversee a program for nonprofit organizations to seek authorization for special plates. The requesting organization must meet certain criteria and agree to cover the costs of developing the special plate, which is sold for an additional fee. The organization gets some of that extra money.

Before largely suspending its operations because of the court case, the commission had approved numerous special plates for organizations.

Some groups in recent years have sought to bypass the commission and get authorization from the Legislature. However, recent legislation to authorize special plates still requires the groups involved to pay development costs.

[ellenkillam]

Regarding saving lives of women with unwanted pregnancies. I''m not just talking about pregnancies that threaten the lives of women, what about pregnancies that are the result of rape or incest? Should these women be expected to birth these children? What problems are going to exist with that child that is the product of incest? What about 13 and 14 year old girls who get pregnant? Should they really have to go through pregnancy and birth?

[ianlou]

How about a plate that says:
"Keep your Rosary off my Ovaries"

[dmhphils]

goodnight noseonurface ,nice to see someone here with insight to the truth. stand firm

Posted by jankebenz at 02:20 AM : Jan 30, 2008

Goodnight to you also jankebenz....and same to you.

[jankebenz]

goodnight noseonurface ,nice to see someone here with insight to the truth. stand firm

[jankebenz]

They release the spirit of "murder" on the land with legalized abortions and then they complain when a few Islamic terrorists are shot down.

Can''''t see the forests for the trees.

Posted by noseonurface at 01:58 AM : Jan 30, 2008

How true. Commonsense,sound reasoning, and responsibility, is getting hard to find these days

[dmhphils]

I like the plate in the picture, good choice.

Posted by jankebenz at 02:04 AM : Jan 30, 2008

I do too! What gets me is that, to me, it would seem fair to say that when a woman chooses to copulate, she has already made her choice. She must live with the consequences of the choice she has already made.

[jankebenz]

I like the plate in the picture, good choice.

[dmhphils]

Maybe the pro choicers could have plates advertising their beliefs in the Mcdonalds style " over 1 billion severed "
Sick I know, but true
Posted by jankebenz at 01:37 AM : Jan 30, 2008


They release the spirit of "murder" on the land with legalized abortions and then they complain when a few Islamic terrorists are shot down.

Can''t see the forests for the trees.

[michellem99-2009]

How about plates that get off this issue. Stop pushing it in others faces. Is this all there is to life..How about having on the statea'' plates something anout the state..They want babies to fight in wars this nation will fight in future..

[jankebenz]

Oh, and what would you put on it......body parts?

Posted by noseonurface at 01:00 AM : Jan 30, 2008

Maybe the pro choicers could have plates advertising their beliefs in the Mcdonalds style " over 1 billion severed "
Sick I know, but true

[michellem99-2009]

Gramma,Dear this issue hurts.

[dmhphils]

I just think pro-choice groups need to get their own plate. Nothing wrong with free speech.

Posted by kansas1946 at 12:03 AM : Jan 30, 2008


Oh, and what would you put on it......body parts?

[kansas1946]

Actually, even though I am pro-choice, I really am going to have to agree with the court on this one. I just think pro-choice groups need to get their own plate. Nothing wrong with free speech.

[dmhphils]

But I''''m not wrong. Have a good night.

Posted by SgtRDS at 10:52 PM : Jan 29, 2008


I''m not wrong either. Sleep tight!
I still have the rest of the day here.

[sgtrds]

On the other hand.....if you''''re right and I am wrong, I have nothing to lose.

Posted by noseonurface at 10:45 PM : Jan 29, 2008

But I''m not wrong. Have a good night.

[dmhphils]

Find Him, and you find God.

I know for a fact that this is true. If I''m right and you''re wrong, you have a great deal to lose.

On the other hand.....if you''re right and I am wrong, I have nothing to lose.

[dmhphils]

They can''''''''t all be right, so they must all be wrong. That''''''''s how I know.

Posted by SgtRDS at 10:24 PM : Jan 29, 2008


You''re right.....they can''t and aren''t all right, but that does not mean there is not a "right." There is a right way to God.....and that is through His Son. Find Him, and you find God.

[dmhphils]

They can''''t all be right, so they must all be wrong. That''''s how I know.

Posted by SgtRDS at 10:24 PM : Jan 29, 2008


Why do you suppose that every society and people have had their own version of creation and afterlife? Surely, not simply because they could not face the finality of death....even you can handly that.

It must be that within every human being, there is a "knowing" that they have been created for a purpose, not just to exist and roam around the earth foraging for food.

And that purpose would be to know God and worship God. Even though man has fallen from this higher purpose in life, there is a fragment of longing inside that is responding to the wooing of God''s Spirit.

[sgtrds]

How do you know?

Posted by noseonurface at 10:20 PM : Jan 29, 2008

The same why I know that there;''s no Santa''s Workshop full of elves. Every religion or society has had it''s own version of a creation and many of an afterlife. They can''t all be right, so they must all be wrong. That''s how I know.

[sgtrds]

There is no god anymore then there is a Santa Claus or an Easter Bunny or a tooth fairy. There just isn''t. If you want to believe that there is, then fine, that''s your right.