Federal Appeals Court Rejects Challenge To Florida’s “Choose Life” License Plate

Liberty Counsel ^ | 3-13-03 | Mat Staver

[cgk]

FOR IMMEDIATE RELEASE: March 13, 2003

Federal Appeals Court Rejects Challenge To Florida's "Choose Life" License Plate

Atlanta, Georgia - On 3/12/03, the Federal Appeals Court for the Eleventh Circuit rejected a challenge to Florida's "Choose Life" license plate brought by several pro-abortion groups and individuals. The abortion advocates had brought the challenge claiming that the Choose Life license plate was unconstitutional because it only allowed for "one side" of the abortion debate to be presented. Liberty Counsel represented several license plate owners and crisis pregnancy centers that were eligible to receive the funds from the Choose Life license plates.

The lawsuit requested the court to strike down the state law which authorizes the Choose Life specialty plate. Alternatively, the abortion advocates claimed they were entitled to receive some of the private funds from the sale of the specialty plate. The Choose Life plate is one of more than thirty specialty plates authorized by state law. Under the law, any person or group may apply for the creation of a statewide specialty plate. The applicant must obtain a certain amount of signatures, present a marketing plan and pay an application fee. The private fees generated by the sale of the plate are then directed to the source authorized by the law pursuant to the application. In the case of the Choose Life plate, the private fees go toward the promotion of adoption. Thus far, the Choose Life plate is the most popular specialty plate in Florida. Sales in less than two years have already generated over $1,000,000.00 from the private fees alone.

On July 17th, 2002, Federal District Court Judge K. Michael Moore dismissed the lawsuit, stating that the abortion advocates lacked standing to challenge the law because they had never applied for their own (abortion) specialty plate and been denied. The Eleventh Circuit upheld the dismissal of the lawsuit using the same reasoning. In upholding the denial, the Court of Appeals stated, "The First Amendment does not require states to authorize the speech of those who have expressed no interest in speaking; it only protects the rights of those who wish to speak." The Appeals Court also stated, "The First Amendment protects the right to speak; it does not give Appellants the right to stop others with opposing viewpoints from speaking."

Mathew D. Staver, President and General Counsel of Liberty Counsel, noted, "This recent decision by the Eleventh Circuit Court of Appeals is a great victory for every individual who bought a Choose Life license plate. The Appeals Court recognized the fatal flaw in the abortion advocates' reasoning. They attempted to use the First Amendment as a sword to silence pro-life speech." Staver added, "Nothing prevents abortion advocates from having their own plate. These groups and individuals simply could not stand the thought that a pro-life license plate existed; and instead of exercising their own right to free speech, they attempted to silence pro-life speech." Staver concluded, "Pro-abortion advocates were stopped cold in their effort to silence anyone opposing their view. This decision is a victory for free speech and reaffirms the principle that pro-life speech, even though it is controversial, is fully protected under the First Amendment."

[cgk]

In Florida they need just 30K signatures/requests, and the State will issue a series

Hmm. Wonder what CA needs? 300,000,000 sigs?

[TenthAmendmentChampion]

The lawsuit requested the court to strike down the state law which authorizes the Choose Life specialty plate. Alternatively, the abortion advocates claimed they were entitled to receive some of the private funds from the sale of the specialty plate.

Money attracts those who want to steal it.

[Teacher317]

"The First Amendment does not require states to authorize the speech of those who have expressed no interest in speaking; it only protects the rights of those who wish to speak." The Appeals Court also stated, "The First Amendment protects the right to speak; it does not give Appellants the right to stop others with opposing viewpoints from speaking."

So many thoughtful and intelligent decisions lately. Now if we could just figure out how to get human beings onto the 9th Circus Court of Appeals...

[gas_dr]

Thus far, the Choose Life plate is the most popular specialty plate in Florida. Sales in less than two years have already generated over $1,000,000.00 from the private fees alone.

Kind of says it all...I have my two choose life plates on my cars outside...

[Teacher317]

re: your tagline...

I have to brag about my Hoosier state...

IN Code 34-51-2-4: Maximum award of damages
A punitive damage award may not be more than the greater of: (1) three (3) times the amount of compensatory damages awarded in the action; or (2) fifty thousand dollars ($50,000).

IN Code 34-51-3-6 Payment and allocation of damages
(b) Upon receiving the payment described in subsection (a), the clerk of the court shall:(1) pay the person to whom punitive damages were awarded 25% of the punitive damage award; and (2) pay the remaining 75% of the punitive damage award to the treasurer of state, who shall deposit the funds into the violent crime victims compensation fund established by IC 5-2-6.1-40.

No big paydays for the trial lawyers, and no big "lottery winner" mentality for plaintiffs. They are compensated for their injuries and expenses (compensatory damages are separate from punitive damages), but are not given the sympathy millions that are destroying the industry.

This wepbpage says: "Dr. Carter noted that OB/GYNs in Florida pay over $200,000 annually per physician for liability insurance, in Pennsylvania the cost is $100,000, and in Indiana the cost of insurance is about $20,000. 'Where do you think a physician is going to practice?,' she asked. "

[votelife]

My recent letter to W:

Dear President Bush,
With the Surpeme Court session getting ready to close, it may well be time for perhaps the most important domestic decision of your presidency: the appointment of a Supreme Court Justice(s). The main reason why I supported you in 2000 and why I wanted Daschle out of power in 02 (and 04) has to do with the courts. I want America courts to interpret law, not write law. During your presidential campaign you said Thomas and Scalia were your two model justices. Those are excellent models. The High Court needs more like them. Clarence Thomas recently said to students that the tough cases were when what he wanted to do was different from what the law said. And he goes by the law. This should be a model philosophy for our justices. Your father, President Bush lost his reelection campaign for 3 main reasosn, as far as I can see. 1. he broke the no new taxes pledge 2. David Souter 3. Clinton convinced people we were in a Bush recession (which we had already come out of by the time Clinton was getting sworn in)

I urge you to learn from all three of these: 1. on taxes, you're doing great. Awesome job on the tax cut. 2. good job so far on judicial appointments. I want to see more of a fight for Estrada, Owen, and Pickering, but I commend you on your nominations. 3. by staying engaged in the economic debate you'll serve yourself well

I have been thoroughly impressed with your handling of al Queida, Iraq, and terrorism. You have inspired confidence and have shown great leadership.

But I want to remind you that your Supreme Court pick(s) will be with us LONG after you have departed office. I urge you to avoid the tempation to find a "compromise" pick. Go for a Scalia or Thomas. Don't go for an O'Connor or Kennedy. To be specific, get someone who is pro-life. Roe v Wade is one of the worst court decisions I know of, and it's the perfect example of unrestrained judicial power.

I know the temptation will be tremendous on you to nominate a moderate. But remember who your true supporters are. I am not a important leader or politician. I am "simply" a citizen who has been an enthusiatic supporter of you. I am willing to accept compromise in many areas of government but I will watch your Court nomiantions extremely closely. What the Senate Dems are doing right now is disgusting, but as the President you have the bully pulpit to stop it. Democrats will back down if you turn up serious heat on them.

Moreover, I think public opinion is shifting towards the pro-life position. Dems will want you to nominate a moderate, but almost all will vote against you anyways. Pro-choice Repubs will likely still vote for you if you nominate a Scalia, after all, you campaigned on it. So Mr. President, I urge you to stick with your campaign statements and nominate justices who believe in judicial restraint, like Scalia and Thomas.

Happy Memorial Day and may God bless you and your family.

[cgk]

Excellent letter. I hope he gets to read it! I too wish he would fight harder for Estrada. I hear people talking about "recess appointments", but need to read up more about them, as I don't know that they mean.

[votelife]

thank you. I doubt Bush would recess someone high profile, because of the "new tone". Hopefully he is getting the message that his base in not happy with Daschle's obstruction.

[L.N. Smithee]

On July 17th, 2002, Federal District Court Judge K. Michael Moore dismissed the lawsuit, stating that the abortion advocates lacked standing to challenge the law because they had never applied for their own (abortion) specialty plate and been denied...The Appeals Court also stated, "The First Amendment protects the right to speak; it does not give Appellants the right to stop others with opposing viewpoints from speaking."

Alllright! A Michael Moore that I wouldn't be tempted to spit at!

[cgk]

I'm pretty slow today; I didn't even catch that! ;)

[fatima]

Bump for life.

[torchthemummy]

This quote would never fit a license plate but it has to be the best bumper sticker reflecting the honorable pro-life credo: "Abortion: Big People Picking On Little People!"

[fatima]

That's good,I never read that one before torchthemummy.

[Salvation]

Hooray!

[DesignerChick]

People! Don't give up!
YOU CAN MAKE IT HAPPEN!
I'm in NJ and we have one of the MOST LIBERAL states when it come to abortion (which boggles the mind when I think of all of the so-called Catholics in this state - but I digress).
We raised the funds and gathered the signatures and we're going to propose it to the state soon.
I stood in front of my church for ONE Sunday and got over 100 signatures.
Doing nothing won't change anything!
C'mon PEOPLE! GO PROLIFERS! GET YOUR @$$ IS GEAR! Damn the torpedoes! FULL SPEED AHEAD! They'll never know what hit'em. This is a war! We can't win by not attacking- metaphorically...... Charge!!!!!!
*Whew!*
And remember all of the money goes to help CPCs IN YOUR COMMUNITY that DO NOT GET GOVERNMENT funding (like PP does). Think Globally Act locally.
:-)
Go in Peace.

[tenthirteen]

I live in Florida, and there is a Choose Life plate on my car. I believe it cost 65 dollars, just twenty dollars more than the regularly assigned state plate. I am proud to have it, and am heartened to see the numerous Choose Life plates around me whenever I stop for the red light.

I also know that this particular plate totally hacks off those pro-abort psycho-babes from the NOW gang.

THAT warms the cockels of my heart as well.

[secret garden]

CPC? What's that?

[DesignerChick]

Crisis Preganacy Center