Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court Rules New York May Not Issue Pro-Life License Plate
Aleteia ^ | May 26, 2015 | JOHN BURGER

Posted on 05/26/2015 1:39:54 PM PDT by NYer

Pro-adoption organizations should have the same speech rights as any other organization, said the attorney representing a group whose pro-life license plate has been denied for the past 13 or 14 years in New York.

The 2nd U.S. Circuit Court of Appeals Friday reversed a lower court ruling ordering the state to let an adoption advocacy group put the words "Choose Life" on its own plates.

By a 2-1 vote, the court said the commissioner of the state Department of Motor Vehicles had "broad discretion" to decide which plates to permit, and did not violate the First Amendment free speech rights of the Children First Foundation in rejecting the "Choose Life" plates, Reuters reported.

"The state doesn’t have the authority to target The Children First Foundation specialty plates for censorship based on its life-affirming viewpoint," said Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. "The state has wrongly gotten away with speech discrimination against our client for more than 10 years.”

According to Judge Rosemary Pooler, who wrote the majority opinion in The Children First Foundation v. Fiala, the content of custom plates was "private speech" and the plates themselves a "nonpublic forum." Therefore the DMV's uniform policy of excluding controversial, politically sensitive messages from plates, which the agency said stemmed from highway safety concerns, was "reasonable and viewpoint neutral, which is all that the First Amendment requires."

A 2011 federal district court decision, which was reversed in the latest turn, ruled that the DMV must issue Choose Life plates. The lawsuit began in 2004, when the DMV imposed a still-standing moratorium on new custom plate applications. Gov. Andrew Cuomo broke that moratorium, however, when the New York Giants won the Superbowl in 2012.

Twenty-nine states allow Choose Life license tags. Tedesco said the organization would review its legal options.

Pro-adoption organizations should have the same speech rights as any other organization, said the attorney representing a group whose pro-life license plate has been denied for the past 13 or 14 years in New York.

The 2nd U.S. Circuit Court of Appeals Friday reversed a lower court ruling ordering the state to let an adoption advocacy group put the words "Choose Life" on its own plates.

By a 2-1 vote, the court said the commissioner of the state Department of Motor Vehicles had "broad discretion" to decide which plates to permit, and did not violate the First Amendment free speech rights of the Children First Foundation in rejecting the "Choose Life" plates, Reuters reported.

"The state doesn’t have the authority to target The Children First Foundation specialty plates for censorship based on its life-affirming viewpoint," said Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. "The state has wrongly gotten away with speech discrimination against our client for more than 10 years.”

According to Judge Rosemary Pooler, who wrote the majority opinion in The Children First Foundation v. Fiala, the content of custom plates was "private speech" and the plates themselves a "nonpublic forum." Therefore the DMV's uniform policy of excluding controversial, politically sensitive messages from plates, which the agency said stemmed from highway safety concerns, was "reasonable and viewpoint neutral, which is all that the First Amendment requires."

A 2011 federal district court decision, which was reversed in the latest turn, ruled that the DMV must issue Choose Life plates. The lawsuit began in 2004, when the DMV imposed a still-standing moratorium on new custom plate applications. Gov. Andrew Cuomo broke that moratorium, however, when the New York Giants won the Superbowl in 2012.

Twenty-nine states allow Choose Life license tags. Tedesco said the organization would review its legal options.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; US: Indiana; US: New York
KEYWORDS: 2016election; 2ndamendment; abortion; akadeblasio; alsharpton; andrewcuomo; banglist; billdeblasio; chirlanemccray; deathpanels; dmv; election2016; homosexualagenda; indiana; libertarians; medicalmarijuana; mikepence; newyork; ny; obamacare; rfra; secondamendment; zerocare
Navigation: use the links below to view more comments.
first previous 1-2021-37 last
To: DiogenesLamp

Here is the site that contains the various NY custom plates:

http://dmv.ny.gov/custom-plates/learn-about-picture-and-professional-plates


21 posted on 05/26/2015 3:09:15 PM PDT by Conscience of a Conservative
[ Post Reply | Private Reply | To 11 | View Replies]

To: NYer

Reason number 535 as to why no one should ever ever visit New York.


22 posted on 05/26/2015 3:32:11 PM PDT by cyberstoic
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jane Long

The same state that is infiltrating FLORIDUH, with their BS!

We can have this: http://www.flhsmv.gov/dmv/specialtytags/miscellaneous/choose_life.html

FNY & the donkey they ride on!

The complete list: http://www.flhsmv.gov/dmv/specialtytags/http://www.flhsmv.gov/dmv/specialtytags/miscellaneous/choose_life.html


23 posted on 05/26/2015 3:58:42 PM PDT by GOYAKLA
[ Post Reply | Private Reply | To 14 | View Replies]

To: DiogenesLamp

Ted Cruz: Obama’s 20 Unanimous Supreme Court Losses Outpace Bush, Clinton
The National Review
http://www.nationalreview.com/corner/381676/ted-cruz-obamas-20-unanimous-supreme-court-losses-outpace-bush-and-clinton-joel-gehrke

President Obama has seen 20 unanimous defeats before the Supreme Court during the five and a half years of his presidency, a pace that outstrips former presidents George W. Bush and Bill Clinton, according to a review of his record since 2009 by Senator Ted Cruz (R., Texas). “President Obama’s unanimous Supreme Court loss rate, for the five and half years of his presidency, is nearly double that of President Bush and is 25 percent greater than President Clinton,” Cruz notes in a survey of how Obama’s lawyers performed before the high court. Bush lost 15 cases unanimously, while Clinton lost 23 — but those defeats came over an eight-year period. When Cruz released his first report on the topic in April of 2013, he pointed out that Obama had lost nine cases unanimously since January of 2012. This latest installment takes account of the four most recent unanimous rulings against Obama, and the seven handed down by the court before 2012.

Read more at: http://www.nationalreview.com/corner/381676/ted-cruz-obamas-20-unanimous-supreme-court-losses-outpace-bush-and-clinton-joel-gehrke


24 posted on 05/26/2015 4:39:28 PM PDT by Nero Germanicus
[ Post Reply | Private Reply | To 5 | View Replies]

To: Conscience of a Conservative

No vanity plates.Problem solved.


25 posted on 05/26/2015 5:29:45 PM PDT by hoosierham (Freedom isn't free)
[ Post Reply | Private Reply | To 21 | View Replies]

To: qam1; Sirius Lee

Agreed. I’m not so insecure in my beliefs that I need the state to reinforce them for me.


26 posted on 05/26/2015 5:46:30 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
[ Post Reply | Private Reply | To 17 | View Replies]

To: hoosierham
Vanity... definitely my favorite sin.
27 posted on 05/26/2015 9:52:45 PM PDT by Rodamala
[ Post Reply | Private Reply | To 25 | View Replies]

To: 1010RD
I was recently talking to a self-described conservative Catholic who was surprised that the words “separation of church and state” do not appear in the Constitution.

Not only do those words not appear in the constitution, *Jesus* is actually mentioned in there, and it explicitly says the President is exempted from working on the Christian Sabbath day.

"Separation of Church and State" is a vile lie created by Roosevelt appointees back in 1948. In 1787 and thereafter, several states had officially sanctioned state religions.

The Reasons for the no religious tests in the Constitution was the result of trying to smooth things over between states with differing denominations of Christianity. It was never intended to eschew Christianity in it's entirety, but that is what those ignorant/lying bastard judges did since Roosevelt completely screwed up the Federal Judiciary with all the kooks he appointed to the bench.

He looked up the First Amendment and was surprised at what it said and how plainly clear the language was. When Franklin answered, “A republic, ma’am, if you can keep it”, he really meant it. It’s a populace made ignorant of its rights by government school teachers aka propagandists.

Every Amendment since the 12th has been geared towards shifting us from a Republic to a Democracy.

Most of them are absolute botches.

28 posted on 05/27/2015 6:55:36 AM PDT by DiogenesLamp
[ Post Reply | Private Reply | To 15 | View Replies]

To: Conscience of a Conservative
Here is the site that contains the various NY custom plates:

http://dmv.ny.gov/custom-plates/learn-about-picture-and-professional-plates

Thanks for that. I looked but couldn't find it.

List of Associations with specialty plates.

Recreational Associations:

American Motorcyclist Association (vehicle)
American Motorcyclist Association (motorcycle)
BMW Car Club of America
Harley Owners Group (vehicle)
Harley Owners Group (motorcycle)
New York State Horse Council
Olympic Spirit
Porsche Club of America Ski Areas of NYS

Other Associations:

Ancient Order of Hibernians
Fraternal Order of Eagles
Knights of Columbus
Lions Club
Martin Luther King, Jr.
Masons
NYS Association for Reduction, Reuse & Recycling
Prince Hall Masons
Rotary International
Telephone Pioneers of America
Theodore Roosevelt Association

I think the NYS Association for Reduction, Reuse and Recycling could be regarded as a political organization. So could some others, depending on how broadly you wished to define the term regarding group advocacy.

29 posted on 05/27/2015 7:13:42 AM PDT by DiogenesLamp
[ Post Reply | Private Reply | To 21 | View Replies]

To: Grateful2God

Yes, but Lady Liberty was determined by a court to be inside the New Jersey boundaries, so NYS had to remove that hateful jerseyite!


30 posted on 05/27/2015 7:18:20 AM PDT by MortMan (All those in favor of gun control raise both hands!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Nero Germanicus
President Obama has seen 20 unanimous defeats before the Supreme Court during the five and a half years of his presidency, a pace that outstrips former presidents George W. Bush and Bill Clinton, according to a review of his record since 2009 by Senator Ted Cruz (R., Texas). “President Obama’s unanimous Supreme Court loss rate, for the five and half years of his presidency, is nearly double that of President Bush and is 25 percent greater than President Clinton,” Cruz notes in a survey of how Obama’s lawyers performed before the high court. Bush lost 15 cases unanimously, while Clinton lost 23 — but those defeats came over an eight-year period. When Cruz released his first report on the topic in April of 2013, he pointed out that Obama had lost nine cases unanimously since January of 2012. This latest installment takes account of the four most recent unanimous rulings against Obama, and the seven handed down by the court before 2012.

Your entire rebuttal is one big reverse"tu quoque" argument. Because Obama is defeated in these examples, that makes it okay that Justice is denied in New York.

No, I think I want consistent justice all across the land, not just here and there.

The Judiciary has become a fever swamp of kooky theories and rulings which are unhinged from sanity, and we need to purge the system of the loons which infest it.

31 posted on 05/27/2015 7:23:49 AM PDT by DiogenesLamp
[ Post Reply | Private Reply | To 24 | View Replies]

To: DiogenesLamp

No problem. I only found it because I happened to be on the NY DMV site yesterday renewing my license.

I agree that there are a few organizations that arguably could be considered political advocacy (though, I think the NYS Association for Reduction, Reuse and Recycling is actually a trade association for people/organizations in the recycling industry), though maybe none as clearly political as the “Choose Life” one. Close call, I guess.

My personal opinion is that all of these custom plates should go. Want a vanity plate? Sure. But all of the plates should be on the same generic state background.


32 posted on 05/27/2015 7:44:29 AM PDT by Conscience of a Conservative
[ Post Reply | Private Reply | To 29 | View Replies]

To: DiogenesLamp

Its a gross overgeneralization to say that because a case in New York was wrongly decided, that means that the entire judiciary is corrupt.
It is just plain wrong to be casting illogical aspersions on the hundreds, if not thousands of conservative justices in this country who do their job ethically and correctly every single day.
It is also wrong to lump all members of any profession together as if they all think the same way. That’s just silly. There are good justices, there are bad justices. Whenever anyone goes to court, they should know that they will win sometimes and they will lose sometimes. If they lose when they should have won, appeal to a higher court.


33 posted on 05/27/2015 9:06:08 AM PDT by Nero Germanicus
[ Post Reply | Private Reply | To 31 | View Replies]

To: MortMan
Lol, I forgot about that!

First, it was the Jets and the Giants!

34 posted on 05/27/2015 9:28:56 AM PDT by Grateful2God (Because no word shall be impossible with God. And Mary said: Behold the handmaid of the Lord...)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Conscience of a Conservative
My personal opinion is that all of these custom plates should go. Want a vanity plate? Sure. But all of the plates should be on the same generic state background.

I agree. They should have a consistent policy for all organizations. All or None.

35 posted on 05/27/2015 10:07:41 AM PDT by DiogenesLamp
[ Post Reply | Private Reply | To 32 | View Replies]

To: Nero Germanicus
Its a gross overgeneralization to say that because a case in New York was wrongly decided, that means that the entire judiciary is corrupt.

Tis but the most recent example. Other examples abound. The gay wedding stuff for example.

It is also wrong to lump all members of any profession together as if they all think the same way. That’s just silly. There are good justices, there are bad justices. Whenever anyone goes to court, they should know that they will win sometimes and they will lose sometimes. If they lose when they should have won, appeal to a higher court.

The courts are somewhat unique in that their work product is not subject to review by objective standards. Everyone else can be objectively analyzed for success or failure, but due to the nature of the Legal system, there is no means of holding them accountable for turning out a horrible work product.

What other profession exists where the quality of your work can be crap but you can still make a living?

36 posted on 05/27/2015 10:11:47 AM PDT by DiogenesLamp
[ Post Reply | Private Reply | To 33 | View Replies]

To: DiogenesLamp

“What other profession exists where the quality of your work can be crap but you can still make a living?”

Only every profession and occupation that there is. Ever heard of tenure in the teaching profession? Ever heard of guaranteed, no cut contracts in professional athletics? Ever heard of practicing physicians who have lost malpractice lawsuits? Ever been to a phone company, a car dealership, the DMV? Are all of our federally elected officials with seniority, competent?

Latest Obama-nominated federal judges: Jill Parish, District of Utah, Senate vote on confirmation: 100-0. May 21, 2015
Rolando Olvera, Jr., Southern District of Texas, Senate vote on confirmation: 100-0. May 21, 2015.

311 Obama nominated federal judges have been confirmed. 113 of them were confirmed unanimously, 38 were confirmed by unanimous consent, 63 were confirmed on a voice vote. That equals 214 Obama-nominated federal judges who were unchallenged and 97 who were challenged.

6 Obama nominees were rejected via Republican filibusters of their nominations. Obama withdrew all six nominations and nominated a different judge who was then confirmed in all six instances.


37 posted on 05/27/2015 11:08:39 AM PDT by Nero Germanicus
[ Post Reply | Private Reply | To 36 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-37 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson