Skip to main content

"Choose Life" license plates and the First Amendment

Like many states, North Carolina allows different groups to promote their view of the world by developing their own specialty license plate, thereby getting their message out and, through specialty plate fees, raising money for a favored charity. We have this program in Pennsylvania, where one sees many university-themed plates (Edinboro alumni, for example). In North Carolina, approximately 150 specialty plates have been authorized.

North Carolina legislators wanted to allow pro-life groups to use the specialty plate program to 'promote life'-- but not allow pro-choice groups the opportunity to promote their views. In opening up the specialty license plate program to pro-life groups, the North Carolina government explicitly banned pro-choice plates or the use of specialty plate fees for any pro-choice organization or activity.

For this reason, federal District Court judge James C. Fox placed a permanent injunction on the "Choose Life" plate program.

The First Amendment issues here are interesting. Like many free speech cases, this one comes down to how one frames the government's behavior.

The ACLU, and the ruling judge, framed the case as North Carolina promoting the speech of pro-life citizens while suppressing the speech of pro-choice citizens.  The problem in this case is not that North Carolina allowed for a "Choose Life" license plate, per se. Instead, problem was that people who were pro-choice were explicitly prohibited from creating their own speciality license plate. The state, then, allowed some people with a particular viewpoint to use the public medium of the license plate to express their political views while denying others the opportunity to do the same.

One could analogize this to having a publicly-owned concert space and allowing some acts to perform while banning others (like Marilyn Manson or Lady Gaga)  because they are 'inappropriate.' Courts clearly do not allow governments to selectively approve use of a public space based on the views of the potential speakers.

When the government opens up space that it controls to citizen speech, wild things can happen-- fringe viewpoints can be expressed, and people can be deeply irritated or offended by the views of others. But this is what happens in a democratic and free society, and, as responsible and critical self-governing adults, we are expected to take the good with the bad-- in fact, determine for ourselves what is good and what is bad, without government interference. In creating a specialty license plate program, so that private groups could express their personal views on their license plates and raise money for private charities, North Carolina must allow everyone an equal opportunity to use the medium. If North Carolina does not want pro-choice specialty license plates, it should not have authorized pro-life license plates.

Now, the alternative framing of the issue is that the "Choose Life" license plate program is the government of the State of North Carolina speaking for itself. Governments are allowed to promote their own viewpoint as a reflection of the views of the (majority of the) population. So North Carolina, qua North Carolina, can divert money to pregnancy care centers, and abstinence-only sex education programs, and say loud and clear that the official state position is that life begins at conception and that abortion is morally wrong-- so long as it does not prevent women from exercising their 14th Amendment right to terminate a pregnancy.

North Carolina asserted that the license plate program is not a form of "private" speech but rather government speech in the guise of a license plate program. When the government speaks for itself, it is not required to give equal time to alternative viewpoints.

The court rejected this position because of the overall structure of the current license plate program. The program does not exist solely or primarily to promote the state's view of life issues. Instead, it is a program designed to allow for a range of views on many issues, political and non-political, on a special kind of public bulletin board-- the automobile license plate. It is, in other words, a forum for private speech, not a program that exists solely to promote the singular view of North Carolina. Therefore, while the North Carolina government has a clear viewpoint on abortion, it is using its power to selectively grant access to a public forum for citizen speech to promote its views-- and that is impermissible.

While the court decision may be an irritant to pro-life advocates, it does not mean that the government of North Carolina has to get out of the business of promoting pro-life views. It just has to structure its efforts differently.

Links:

United States District Court opinion (December 7, 2012): American Civil Liberties Union v. Conti, No. 5:11-CV-470-F (E.D.N.C. 2012)

Article in USA Today (December 10, 2012): U.S. judge bans N.C. 'Choose Life' license plate

Article in LifeSiteNews.com (December 10, 2012): Judge: NC Choose Life Plates Invalid Because No Pro-Abortion Version

Comments

Popular posts from this blog

The irony of the inquiry into Dr. Halappanavar's death

The Associated Press (via  The Washington Post ) reports that the composition of the panel that is investigating Dr. Savita Halappanavar's death in Ireland has changed: Prime Minister Enda Kenny told lawmakers he hoped the move — barely 24 hours after Ireland unveiled the seven-member panel — would allow the woman’s widower to support the probe into why Savita Halappanavar, a 31-year-old Indian dentist, died Oct. 28 while hospitalized in Galway.   Kenny’s U-turn came hours after her husband, Praveen Halappanavar, said he would refuse to talk to the investigators and would not consent to their viewing his wife’s medical records because three of the Galway hospital’s senior doctors had been appointed as investigators. Kenny said that the three doctors would be replaced by other officials “who have no connection at all with University Hospital Galway. In that sense the investigation will be completely and utterly independent.”   This makes sense. Why conduct an inquiry at all

Breast-feeding as an abortifacient?

I came across this citation while reading a William  Saletan column, which, if I can decipher the jargon, indicates that ovulation may still occur during the postpartum breast-feeding stage. Does this suggest that, during this stage, a woman may have a fertilized egg that does not implant due to breast-feeding? This would place breast-feeding as an abortifacient practice in line with other methods of contraceptive unacceptable to pro-lifers. Saletan's earlier column does a nice job of capturing the scientific uncertainty over what happens with eggs and implantation with emergency contraception (like Plan B).