'Choose Life' plates ruled unconstitutional

AP ^ | 9/25/4 | Colin Fly

[SmithL]

NASHVILLE - A federal judge ruled Friday that the state's "Choose Life" license plate is unconstitutional based on the reasoning in similar cases in other states, but he declined to rule on whether Tennessee's entire specialty plate program is flawed.

"The result in this case would be the same if the statute authorized a 'Pro-Choice' license plate instead of the 'Choose Life' license plate," U.S. District Judge Todd Campbell wrote in his decision. "Either way, it is unconstitutional."

The American Civil Liberties Union and Planned Parenthood challenged the plate in November, arguing that the state was granting one group an official forum but not providing an equal opportunity for opposing viewpoints.

A portion of the extra $35 generated from sales of the plate was to go to Tennessee New Life Resources, an anti-abortion group closely tied to Tennessee Right to Life.

ACLU attorney George Barrett said he felt his side had a narrow advantage in the case.

"We're all very pleased," he said. "It was a very well-reasoned and thought-out opinion that vindicated the Constitution."

Sharon Curtis-Flair, spokeswoman for the state attorney general, declined to comment about the opinion or the possibility of an appeal because the AG's office had not yet seen the ruling.

Brian Harris, president of Tennessee Right to Life, said they weren't surprised because they felt the issue would need to be appealed to the 6th U.S. Circuit Court of Appeals.

"I think that it's a great irony to claim to protect free speech by eliminating it," he said. "That's exactly what has occurred in this case."

The state and Tennessee New Life Resources had argued that those who wanted a license plate in favor of abortion rights haven't tried hard enough to get a specialty plate passed by the General Assembly.

Meanwhile, anti-abortion groups sold 1,265 plates in six months in all of the state's 95 counties, but the plates have not been issued.

[SmithL]

Now you have fewer choices.

[AmishDude]

Wow, the Constitution is amazing. It addresses so many new and exciting things. Funny that the AP didn't give us the name of the judge. I wonder what we'd find.

[AmishDude]

I skipped right over it -- Todd Campbell. I thought I was reading the ACLU attorney's statements.

[clintonh8r]

The result would be the same if the statute authorized a Pro-Choice plate

The needle on my bullshit detector is beginning to quiver....

[Dan from Michigan]

Impeach this damn tyrant in black robes. Toss his ass out.

[Slings and Arrows]

"The result in this case would be the same if the statute authorized a 'Pro-Choice' license plate instead of the 'Choose Life' license plate,"

[Mulder]

U.S. District Judge Todd Campbell wrote in his decision. "Either way, it is unconstitutional."

Another worthless Klinton appointee.

The federal government has NO authority to tell any state what they can have for a license plate (or even if they must require a tag), unless someone's civil Rights were violated.

I hope the state of Tennessee ignores this illegitimate edict.

[AmishDude]

I know you'll be shocked -- shocked -- at this, buuuuuut:

Judge Todd J. Campbell was appointed by President Clinton on December 27, 1995. He graduated from the University of Tennessee Law School in 1982 and Vanderbilt University in 1978. Prior to his investiture, Judge Campbell served as counsel to the Vice President of the United States and engaged in the private practice of law in Nashville, Tennessee.

[Henry Krinkle]

[Arkinsaw]

Ah, another Gore-lick. No more needs to be said. (or can be in Tennessee)

[housewife101]

Does this include all states? Mine has a "choose life" one already available. Some people I know already have them.

[AmishDude]

• Judge limits scope of new sex-offender registry law: A federal judge yesterday ordered the state not to enforce its new sex-offender registry law against those convicted before the statute went on the books.
• Federal judge: Will budget impasse hurt foster children?:A federal judge has ordered state officials to appear in court early tomorrow to describe the impact the legislature's budget impasse has had on the care of Tennessee's estimated 10,000 foster children. U.S. District Court Judge Todd Campbell, who presided over a massive settlement agreement reached last year between the state's Department of Children's Services and the foster children in its care, ordered tomorrow's emergency conference ''in light of the recent partial government shutdown.''
• Judge says disabled courthouse access case will continue quickly: A federal judge monitoring the case of two disabled Tennesseans seeking damages from the state because they weren't given proper access to the courts said Thursday that the lawsuit would proceed at a "forced Roman march."

[hardhead]

The BIG difference is that no pro-death group would even want a pro-death license plate. This is just a matter of "I'm taking my ball and going home! If I can't play, neither can you."

[IrishCatholic]

Since when is opposing the slaughter of babies a religious statement? How can anyone other than a secular/socialist/liberal/loser stretch the Constitution into this shape?
Has this two knuckle deep nose picker ever read the first amendment which he has so clearly violated here? Does the sun come up in the West to this moron?

[longtermmemmory]

FL has the choose life plate.

People need to know how to work the system, don't earmark the funds for ANYTHING related to abortion. Instead, set the money for adoption charities or helping unwed mothers to be.

Having the plate out and about is more important than money.

[Yardstick]

The state and Tennessee New Life Resources had argued that those who wanted a license plate in favor of abortion rights haven't tried hard enough to get a specialty plate passed by the General Assembly.

Tennessee has a standard process for getting a vanity plate made. I don't know the specifics, but I think it includes the stipulation that you must have 1000 units pre-ordered. The pro-aborts never completed the process and as a result don't have a plate, but the pro-lifers do. Naturally this violates the pro-aborts' leftist sense of fairness -- so now, true to form, they're using the law to shut everyone up.

I'm pissed at the lefties here, but at the same time I'm sympathetic to the libertarian argument, which is that the state shouldn't be in the speech business. Let license plates be license plates. If people want to voice their political opinions, well, that's what bumper stickers are for. This is a natural result of the state doing what citizens ought to be doing for themselves.

[jwalsh07]

How do vanity license plates paid for by the individual violate libertarian principles?

[johnmorris886]

John Dickinson of Delaware said: "The Judges must interpret the laws, they must not be legislators."

Today we have Judicial Activism run amuck.

[Waco]

Saddam killed several hundred thousand or 1 or 2 million, the PLO kills wantonly, but just say "choose life" and every damn left wingnut has cats.

[ProudVet77]

Yet they let you get Red Sox plates in MA. That's the equivalent of 'Choose Death'.