Court Rules New York May Not Issue Pro-Life License Plate

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.

Court Rules New York May Not Issue Pro-Life License Plate

How do such obviously wrong judges ever get on the bench? The entire Judicial system in this country is defective. This is particularly egregious, because it represents a deliberate denial of freedom of speech by an agent of the State. It also flies right in the face of the "equal protection" clause.

They could make an argument for excluding it if they allowed none, but because they allow some, they must allow all.

""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."

Instead of using vague language, why doesn’t legal counsel say the following? New York state officials are violating Section 1 of the 14th Amendment, Section 1 prohibiting the states from unreasonably abridging constitutionally enumerated rights, 1st Amendment-protected free speech in this case.

They should sell plate frames. Especially since NY requires 2 plates. They could get the message across and make the profit. Standard plates are cheaper. The State gets less money.

Another option, stickers/magnets. I see a lot of those with skulls and pentagrams. I wonder which groups are allowed on the plates.

Sad, wasn't this on the plates once? 🗽

They argue that they don't allow any politically-oriented plates.

I find that unlikely. Politics is entirely in the eyes of the beholder. I'm fairly certain that they have blinders as to what they regard as politics and what they don't.

Anyone got a list of the types of plates they have allowed?

“Does New York have a “pro choice” license plate?”

It doesn’t matter-—all Just systems of Law have to promote public virtue. If killing babies can ever be a virtue——then we do not live in the USA where Individual Natural Rights come from God, not from permission from useful idiots.

Our Supreme Law is literally erased and replaced by Marsist Satanism-—(isn’t that unconstitutional and shouldn’t any judges who violate the intent and meaning of our Constitution after taking an oath to defend it-—should they be in PRISON??????? (Yes).)

The evil fascist judges need to be removed-—impeached and put in prison. They are preventing Truth and censoring the ideas which formed this Nation, and all “Just Laws” have to promote Truth and Justice (virtue).....otherwise—as Justice John Marshall stated (and the judges at Nuremberg) those “laws” are ‘null and void” and people have the DUTY to disobey UNJUST (evil) Laws. All “Justices” have the DUTY to eject unjust (evil) Laws which deny our Individual Natural Rights from God.

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."

What?! Let me count the ways...

Democrats, no thinking required. This is obviously public speech and wholly covered by the 1st. That government is imposing this just makes it absolutely clear. The judges are political in nature, hence their subjective and patently ridiculous ruling.

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. 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.

http://dmv.ny.gov/es/node/1651

NYS Chapters of National Organizations

Agriculture in the Classroom
Autism Society of America
Conserve Habitat
Drive for the Cure
Drive Out Diabetes
Keep Kids Drug Free
National Multiple Sclerosis Society
Life... Pass It On
Love Your Library
Our Best Friends
Peace at Home
State of the Arts

They can advocate for organ/tissue donation which is not without controversy on several levels, but they can’t advocate for adoption? I wouldn’t want to be these people on Judgment Day.

If you have to have a license plate to remember your pet, you shouldn’t have a pet.

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.