Judge finds NC ‘Choose Life’ plates unconstitutional

[trailmonkee]

Source: fox

RALEIGH, N.C. – A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless the state offers similar plates supporting abortion rights.

U.S. District Court Judge James C. Fox ruled on Friday that North Carolina cannot produce or distribute the “Choose Life” plate.
Judge Fox concluded, “The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”

The American Civil Liberties Union of North Carolina Legal Foundation had filed a lawsuit in the U.S. District Court for the Eastern District of North Carolina in Sept. 2011 on behalf of North Carolinians seeking a specialty license plate that supports a woman’s right to reproductive freedom.

“This is a great victory for the free speech rights of all North Carolinians, regardless of their point of view on reproductive freedom,” said Chris Brook, legal director of the ACLU-NCLF.

Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view.

Read more: http://myfox8.com/2012/12/10/judge-finds-nc-choose-life-plates-unconstitutional/

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[cstanleytech]

1. A good call by the judge imo. nt

[Hissyspit]

2. Good. I hate those fucking things.

Like this is that hard to understand:

"Brook said the government cannot create an avenue to express one side of a political issue while denying an equal opportunity to citizens with an opposing view."

[calimary]

35. I hate those things, too. STOP PREACHING TO ME, ASSHOLES!!!!

And quit trying to change my mind. A woman's right to have the last word over what happens to HER body - the ULTIMATE right of sovereignty - is NON-NEGOTIABLE. It is an ABSOLUTE. Just as any man would insist - for issues involving his own body.

[hodger]

65. You are so correct here

and the argument should begin and end with this absolute!

[BlancheSplanchnik]

66. I love how you phrased it...that is the real heart of the whole issue.

The right to own our own bodies and be THE decision maker concerning it--in present, real time, as a present full person-- is the prime sovereign right.

Other people should not have the right to project "rights" onto a future possibility.

Oh I'm just rambling....
You captured the point perfectly.

[pitbullgirl1965]

67. Men are people, women are women

That is the problem. We are seen as property with no right to control our bodies. Forcing women to be incubators, while doctors need permission to harvest organs from DEAD people? Outrageous.

[calimary]

79. Welcome to DU, pitbullgirl1965 and hodger!

Good to have both of you here!

I can't take credit for the idea of "sovereignty over one's own body." That came from an African-American guest on one of the MSNBC shows. I apologize for not remembering his name at the moment. I thought that just absolutely NAILED it in the plainest terms imaginable. I did think of something else, though.

I'm a regular viewer of lots of these shows. Primarily those on MSNBC. Sometimes we see CNN also. And I notice the constant references to the issues most pressing to the Black demographic. To the Latino demographic. The youth demographic. The elder demographic. The gay demographic. They usually get around to mentioning women toward the bottom of that list - when they should really mention the female demographic FIRST! How come? Women are roughly 51% of the population. That means there are legions of Black women, Latinas, young women, elderly women (AND HOW!!!), and gay women. Femaleness transcends ALL those other demographic groups. EVERY LAST ONE OF THEM. And it seems to me that when you address women's issues, you cover ALL the bases - in ALL the demographic groups.

When I hear the chattering class talking about - "oh, immigration! THAT'S the key for the Latino vote!" "Oh, voter suppression/racism - THAT pissed of the Blacks." "Young people! Student loans! YEAOWWW!" "Seniors! Medicare! And Social Security - YIKES!!!!" Do they not get that women ACROSS THE BOARD have the same concerns, and are under constant CONservative assault - no matter what color, age, or sexual preference they are? WOMEN. Women's issues transcend ALL. One of the chief concerns for women, if not THE chief concern, is health care coverage. It affects their job mobility and other workplace choices. It affects what they have to pay at the pharmacy and the doctor's office or emergency room. It affects their families - their kids, maybe an older parent they're now taking care of. These assholes fought our access to affordable health care, contraceptives, jobs, pay equity, retirement benefits. Many of them are fighting the idea of our physical safety, since they said no to the Violence Against Women Act. Their grandfathers, fathers, and uncles even fought against our having the very right to vote!

Women have always been the slave class - the property class - the lesser half - the least among "equals." Tiresome. DAMN tiresome. Because most of these arguments were settled LONG AGO. And these bastards keep bringing 'em back, hoping to roll back the clock.

We have a lot of work to do. We need you guys.

[LeftofObama]

3. K & R!

Great News!

[katmondoo]

4. We need a Florida Judge to rule the same

I have a vanity tag that says Choice in Polish. No one here can read Polish. I didn't say what it meant to the license bureau

[Ligyron]

9. ain't that the truth

I wonder if this ruling will affect that possibility.

It's a US court, not circuit or state but I'm not sure how this works legally-speaking in other states.

[LiberalFighter]

28. Whichever states are in the same district now have to follow it.

[Hissyspit]

33. Vanity plates are not the same. The message you choose for a license plate number is YOUR choice

as an individual citizen.

These are an official STATE design, with no alternate "pro-choice" state design:



It was clearly un-Constitutional when passed by the state legislature. Any bone-head could see that. They just didn't care.

http://www.lifenews.com/2011/06/08/north-carolina-house-approves-choose-life-license-plates/

[mwooldri]

43. I'd like that design as a "Kids First" plate...

It's more colourful than the one we have now. But come to think of it, I think the present one is just fine. Easier for people to read and it uses the standard NC plate design.




IMO all NC special plates should look like the standard issue plate. It would help law enforcement officers (especially outside of NC) from recognizing a North Carolina registered vehicle. The vast majority of specialized plates do look like standard issue plates, save for the logo and the suffix at the end. It's only more recently the more colourful designs have come out, save for the NASCAR specials. I might make an exception for NASCAR since I think it's the state sport (if not official it should be!).

At least NC doesn't allow mistakes like Virginia...



Or do we?



Well, we make up for it with this one:

[Hissyspit]

47. "Eat the kids first"

Hee.

"Eat shit."

Double hee.

I'm pretty sure I saw the "Bushlies" plate at some point driving around here.

[calimary]

37. Welcome to DU, Ligyron!

No idea - I'm sure they'll take it all the way up if they feel they need to. But I'm glad this stupid one-sidedness has been at least temporarily stopped.

Glad you're here! We need you! Stay vigilant! Obviously these assholes won't give up OR go away. So we have to stay awake and stay aware - and ready to head off whatever shit they try to pull.

[grandpamike1]

32. No they

should issue euthanasia plates for the population in Florida, or Happy Trip to LaBrea plates.

[csziggy]

36. What do you mean?

Euthanasia for Floridians?

Or did you intend ?

[lupinella]

58. THIS! n/t

[lark]

74. I thought that our "wonderful" FL judges did review this

and found it legal?

[get the red out]

5. We need the same in Kentucky

I get so sick of those things.

[eaglesfanintn]

21. And in Tennessee

[calimary]

39. Welcome to DU, eaglesfanintn!

Glad you're with us! Probably will have to assert this in ALL the states, considering how relentless this enemy is.

[ObaMania]

63. AND in Virginia

Not gonna happen though.

[Nay]

70. Would love to see it in VA, but the stupid is strong here.

[UpInArms]

6. love me that judge!

Just when you think the world is irretrievably broken - along comes someone who makes a difference.

[Tempest]

7. Another Faux misleading headline

The judge didn't rule the plates unconstitutional.

He ruled the plates unconstitutional without a legal option for the pro-choice vehicle owners.

[Orrex]

8. I don't find it misleading

Last edited Mon Dec 10, 2012, 04:32 PM - Edit history (1)

The "Choose Life" plates are unconstitutional if an alternative plate is not available.
That alternative plate is not available.

Therefore the "Choose Life" plates are unconstitutional.


Seems to me that the headline is correct as written. It doesn't tell the whole story perhaps, but thankfully there's a longer article attached to the headline.

[Towlie]

19. Huh? "The 'Choose Life' plates are unconstitutional if an alternative plate is available."

I think you need to proofread.

[Orrex]

25. No I don't. You need to read my mind.

Er. I mean...

Anyway, the point stands, once I correct the typo.

[peacebird]

14. the legislature 6x refused to authorize a plate option was ProChoice

"However, officials say the legislature repeatedly refused to authorize a plate that supported the countervailing position in favor of reproductive freedom.
Six amendments were proposed in the legislature to authorize an additional new plate that stated either, “Trust Women. Respect Choice,” or simply “Respect Choice.” The legislature rejected all six amendments."

[Baitball Blogger]

10. Very promising.

[RKP5637]

11. Excellent!!! n/t

[Myrina]

12. Why can't license plates just be license plates?

I mean, really? You can cover the rest of your damn car in bumper stickers if you need to make a statement.

[obamanut2012]

20. I have Blue Ridge Parkway NC plates

The money goes to conservation efforts there. Same for the coastal plates. I don't know how that works for the university and college plates, and the rest of them.

I never put any stickers at all on my car. Ever. I can't afford new tires or a paint job.

[Myrina]

23. I get that, but ....

... here in Indiana we have all kinds of 'specialty cause' plates (conserv and lib) - and the money supposedly goes to those orgs but, knowing Indiana government, I'd be surprised if it really did.

I guess I'd rather have plates be plates and if I want to donate to an org, I'll do that and/or have my cruiser wear a bumper sticker.

[enlightenment]

27. I agree.

Just plain plates - the State and the number.

[LiberalFighter]

29. Too many specialty plates!!

[47of74]

45. The university I went to is in the process of getting its own speciality plate

When it becomes available I'm seriously considering getting one.

[avebury]

31. Because specialty plates are a source of revenue. You have to pay more money

in addition to what you pay for a regular plate.

[hamsterjill]

72. Thank you. I feel exactly the same way.

I think all of the license plates in a particular state should look the same. That would make it easier for the license plate to do what it is meant to do - identify the vehicle.

The rest of your car is yours to do with as you see fit. Hell, stick a thousand bumper stickers on it if you want to. Knock yourself out! But the license plate and inspection sticker should be uniform IMHO.

[brooklynite]

13. Choice...what an ironic word to use by the Pro-Life movement.

[struggle4progress]

15. link to pdf ruling:

http://dig.abclocal.go.com/wtvd/docs/NC_Choose_Life_Ruling_121012.pdf

hattip:
Judge rules NC 'Choose Life' plate unconstitutional
http://abclocal.go.com/wtvd/story?section=news/local&id=8914763

[ancianita]

16. Nice.

[okaawhatever]

17. And in N Carolina no less! Jesse Helms is rolling over in his grave LOL n/t

[calimary]

38. Welcome to DU, okaawhatever!

Glad you're here. Maybe his rotted carcass will spin itself silly.

[femrap]

18. Can we do

this in OH as well? Please!

Otherwise I want one 'Yes on Assisted Suicide.' But then I hate pain and have very little patience.

[Towlie]

22. Maybe they'll take the fight to Florida now.

http://www.flhsmv.gov/dmv/specialtytags/

I see a "Choose Life", but nothing supporting a woman's right to choose.

[HockeyMom]

24. "Pro Choice Family of 6" sticker in Florida

A family at the school where I used to work had this sticker. EVERYONE appalled them on this. These MORONS seem to think that if you have given birth, no matter how many times, you are ANTI CHOICE and believe everyone MUST choose the same? Until they can understand this, they are DOOMED to lose.

[47of74]

34. Applauded?

You had appalled in your post. Another case of autocorrect strikes again?

[HockeyMom]

46. My spelling or my VIEWS

you don't like?

[Tunkamerica]

61. maybe just the word choice.

it doesn't make sense

[IdaBriggs]

69. Confused - Everyone "appalled" them on this.

I am sorry, but I don't understand - did everyone "applaud" them, or was everyone "appalled by" them?

No hostility - just genuine confusion, and now I want to know!

[HockeyMom]

77. Applaud

As the Mom told everyone, we CHOSE to have 4 kids. We don't believe in FORCING anyone else to have 4, 10, 1, etc., kids if they themselves don't want to.

[Whovian]

26. Good news, now we need to visit this in AL. n/t

[JoeyT]

60. Ugh.

I kept the "Stars Fall On Alabama" one, stupid as that fucking slogan is, because I didn't want the religious one.

[progressoid]

30. Rec.

[Gore1FL]

40. I always found these plates funny

As they specifically had the word "Choose" in them.

[Cha]

41. Ye-AH! Get their "religion" out of my

Government.

[John2]

42. This will be a long four years.

Because I don't think this will be the last time the Republican Elect-Governor and Republican Legislature will get sued in North Carolina. They will do more crazy things before they come up for re-election. After years of Democrats ruling, North Carolina will not be use to rightwing rule.

[duhneece]

44. Yay!!! I love this ruling nt

[trayfoot]

48. Good Decision!!!!!!

[Danascot]

49. Judge Fox

heh

[NCarolinawoman]

53. Hmmm. Judge Fox was nominated to his position by Ronald Reagan.

But then again, he attended the University of North Carolina in Chapel Hill, a bastion of liberalism.

[jdadd]

50. Ohio has these also.....

[ReRe]

51. Wow! A Federal Judge in NC with a head on his shoulders?

....amazing! Wonders never cease!! Ohhh... source is FOX? Oops! I bet you they are all over their namesake Judge James C. Fox about his decision in this First Amendment case.

Well, all I can say for Judge Cox is WAY TO GO!

[patrice]

52. KICK from a Pro-Child/Pro-Woman/Pro-Family Pro-Choicer

[JohnnyRingo]

54. Under "choose life", the plate should read....

"support the death penalty".

I've never met a "pro-lifer" who didn't argue vehemently for liberal use of the electric chair. Most even go so far as to complain the killing is too humane for their liking.

On edit:
If they want this license plate, there should be a requirement that the driver has to have at least one adopted child.

[MissMillie]

68. Anti-choice Catholics

don't usually support the death penalty, at least that's my experience.

[Patiod]

76. In my (large extended) Catholic family they do

I challenged my Super "Pro-life" cousin on this, and he said "that's different - I'm talking about innocent life." When I reminded him that the pope is very strongly anti-death penalty, he said the pope didn't understand out culture.

So:
Sex -> listen to the pope!
Death penalty -> don't listen to the pope!

Our Fox-watching former pastor, who was a friend of my Dad's, also strongly supports the death penalty, in spite of the Vatican's views on the subject.

Fox>Vatican.

Even my more politically moderate Catholic friends are pro death penalty. The only Catholics I know who are against it are old-timey 60s liberals who are still hanging in there with the church.

[Beartracks]

55. Love your sig image: "Keep Christ in Christians" n/t

[trailmonkee]

59. thanks...

I am proud to say that one came out of my tiny brain the other day...the keep Christ in Christmas stuff drives me bonkers...

[jmowreader]

56. I predict...

that by the end of the week the fundamentalists will design a Pro-Choice plate. By the end of the month they'll have the 25,000 signatures they need to get the plate approved, which the NC General Assembly will do on an emergency basis.

If the choices are to aid and abet the enemy, or to quit cramming their religion down people's throats, they'll be some aiding-and-abetting mother fuckers.

[lupinella]

57. K&R n/t

[Tabasco_Dave]

62. I always think of this when i hear choose life

Hey i grew up in the 80's!

[merrily]

64. Does offering plates with both views solve the problem, though?

[Politicub]

71. Nice. Good ruling for fairness.

Are these the same stupid choose life plates that are written in crayon? Seriously.

We have them in Georgia, but not sure if its the same design from state to state.

The site in Georgia shows little kids holding anti abortion signs. It reminds me of the countries that hide weapons at hospitals, schools and homes so the military dictatorship leaders stay out of the spotlight.

[forestpath]

73. Nobody on the planet is more pro-choice than I am, but I don't think either

sentiment, or ANY political sentiment, belongs on a license plate.

If you want to express your opinion, get a bumper sticker.

[randomtagger]

75. yeah

I wouldn't have a problem if they also sold plates with pro-choice slogans.

[TForbster]

78. Keep Separation Of Church And State