SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Just in time for the Roe v. Wade anniversary… *** Updated x7 ***

Monday, Jan 22, 2007

Developing story. No link yet.

U.S. District Judge David Coar ruled Friday that Secretary of State Jesse White’s office violated the First Amendment when it refused to make license plates saying “Choose Life.’”

*** UPDATE *** The Choose Life IL people told me they’ll be posting a press release relatively soon on their website. It appears that just about everybody is in DC for the march today.

*** UPDATE 2 *** Jesse White spokesman Dave Druker: “We’re studying the opinion. We’re going to ask the Attorney general to appeal it… We don’t think we have the authority without legislative approval to create the license plates.”

*** UPDATE 3 *** You can download the opinion by clicking here [pdf file].

From the opinion:

…this court concludes that the privately-crafted and privately-funded message on specialty license plates constitutes private speech.

*** UPDATE 4 *** Also from the opinion:

Where the government voluntarily provides a forum for private expression, the government may not discriminate against some speakers because of their viewpoint. If the government is not expressing its own policy, it presumptively violates the First Amendment when it picks and chooses access to the forum on the basis of views expressed by the private speakers. […]

Defendant’s main argument is that the license plate message is state speech, and thus not subject to First Amendment protection. However, it has been determined that the added message of specialty license plates constitute private speech, and thus the First Amendment is implicated.

*** UPDATE 5 *** More from the opinion…

By its terms, the statute does not require enabling legislation before a new category of specialty license plates may be issued. […]

Defendant requires that the General Assembly must approve specialty plates. Defendant has required that legislation be introduced and approved by both chambers of the General Assembly, and signed into law by the Governor, in order to approve the specialty plates. These requirements for specialty plates are not included in the statute authorizing specialty plates… and there are no substantive criteria or guidelines for the approval of the specialty license plates by the General Assembly and the Governor.

Katie, bar the door.

*** UPDATE 6 *** Just to be clear, I don’t have a position one way or another on the Choose Life plates. But, as I noted in comments, if all specialty plates are now to be considered “private speech,” I’m wondering what sort of road we’re heading down.

I’m about as free speech as a person can get. But I do think that the state probably ought to control what goes on license plates. Then again, the ensuing craziness will undoubtedly be a lot of fun. So, perhaps I’m a bit torn.

*** UPDATE 7 *** The AP story is up, and it’s not quite right.

A federal judge today ordered the state of Illinois to offer license plates with the pro-adoption motto “Choose Life.”

A group called Choose Life Illinois, made up largely of adoption advocates, has been trying for several years to get legislative approval.

The president of Choose Life Illinois is Jim Finnegan. Finnegan describes himself this way in his alumni directory entry:

Jim has distributed literature in front of hospitals that perform abortions and in front of the home of one of the most active abortionists in the Chicago area. Jim and his associates have placed large posters, that show the truth of abortion, in such areas as the Daley Plaza, the Art Institute in Chicago, and Chicago area train stations. Jim is on the Board of the Caring Institute that has provided Pro Life advertising on television, and is an advisor to the Board of the abortion breast cancer link that provides well-documented research on the connection between abortion and breast cancer. He is President of Pro Life adoption that promotes specialty license plates in Illinois, and is a co-founder of Vote Life America, which provides politicians’ voting records on such subjects as abortion, stem cell research and homosexual marriage demands. Jim spent a week in Ireland supporting organizations that campaign to keep abortion illegal in that country, and has raised over $80,000 in the US to provide support for these organizations in Ireland.

Another leader of the group is Tom Brejcha, who runs the Thomas More Society.

Founded in 1997, the Thomas More Society, Pro-Life Law Center, is a nonprofit, public interest law firm based in Chicago and dedicated to fighting for the rights and dignity of all human life. The Society vigorously defends clients in state and federal courtrooms around the country, addressing vital issues across the pro-life spectrum, including pregnancy discrimination, end-of-life health care, the right of conscientious objection for medical workers, and freedom of speech for peaceable nonviolent protest.

Under the leadership of President and Chief Counsel Tom Brejcha, the Society champions the rights of pro-life activists — including in the United States Supreme Court, where we won two decisive victories in the past three years (2003, 8-1; 2006, 8-0).

Assisting Brejcha was DC law firm Robbins, Russel, Englert, Orseck & Untereiner, which has handled abortion-related cases.

- Posted by Rich Miller        


20 Comments
  1. - VanillaMan - Monday, Jan 22, 07 @ 4:22 pm:

    For crying out loud, what is the problem?
    You see state license plates with all kinds of statements on them, what is the big deal about this?

    If you don’t want these license plates, don’t order them. But for Pete’s sakes, what is with the mentality that it is OK to deny the First Amendment? Where is the freedom we have?

    “Choose Life”. How can someone be opposed to a statement like that?

    There is a time to be political and a time to back off. It is crazy that the same crowd that feels completely fine to print porn, wear seditious T-shirts, and do the most outrageous things in the name of freedom, could be so hypocritical about allowing others the same freedom.

    What are they so afraid of?


  2. - B Hicks - Monday, Jan 22, 07 @ 4:37 pm:

    I agree with Vanilla 100%. Hell, the Masons have their own plate.

    Whole bunch of pro-choice people outside the dome today; they looked pretty cold.

    P.S. I like printed porn and seditious T-shirts, too.


  3. - paddyrollingstone - Monday, Jan 22, 07 @ 4:43 pm:

    Seriously, what could be the possible harm in this?


  4. - Rich Miller - Monday, Jan 22, 07 @ 4:48 pm:

    Paddy, if the plates are “private speech” then can you imagine the types of slogans that people and groups could put on them?


  5. - Big Fella - Monday, Jan 22, 07 @ 4:57 pm:

    This ruling, were it to stand, kills every specialty plate in the nation. The ruling seems overly sweeping. It opens the door for vastly more pointed language on plates. It appear, based on the ruling, that they could go with “Abortion is murder” and enjoy the same protection as “Choose life.”

    It seems like the judge intended to notify the state (or states in general) that specialty license plates may seem cute and innocuous, but they’re not.

    I can’t wait to see what happens on appeal.


  6. - paddyrollingstone - Monday, Jan 22, 07 @ 5:08 pm:

    Rich - perhaps I spoke too soon - I have not seen the judge’s ruling. I know that Florida has “Choose Life” plates, though, and the world did not end.


  7. - Rich Miller - Monday, Jan 22, 07 @ 5:09 pm:

    There’s a link to the judge’s opinion in the body of the post. Read it. It’s very broad.


  8. - Downstate Surveyor - Monday, Jan 22, 07 @ 5:09 pm:

    Don’t you just love how the bureaucrats and the pols keep trying to skewer each other, while the rest of us have to pay for it? I’m with all the others, what’s the big deal? How about “Stem Cell” plates in retaliation?


  9. - Arthur Andersen - Monday, Jan 22, 07 @ 5:34 pm:

    Why do you think the Chief never made his way on to the U of I license plates….

    Unreal.

    Rich, you may want to note a CapFax Blog milestone. Apparently, VM, B. Hicks (Happy New Year, BTW.) and ol’ AA are in 100% agreement on a topic. That’s a first. If Bill concurs, the blog may lock up.


  10. - HoosierDaddy - Monday, Jan 22, 07 @ 5:55 pm:

    The judge is absolutely correct. He is just quoting basic constitutional law. If the government doesn’t want to have any message whatseover on its license plates, then it needs to get out of the gimmickry of allowing special license plates in the first place. Political speech is precisely what the First Amendment was designed to protect.

    Personally, I think specialty plates are a stupid gimmick. I’d like to see all of them go the way of the dodo. They’re confusing to cops and anyone else who needs to read a license plate.


  11. - So Blue Democrat - Monday, Jan 22, 07 @ 6:38 pm:

    I wonder what the State Police’s opinion is on this issue. They have complained that they are too many different types of license plates.


  12. - Dundee - Monday, Jan 22, 07 @ 7:58 pm:

    Does Jack Roeser get any recognition from this?


  13. - Michelle Flaherty - Monday, Jan 22, 07 @ 8:37 pm:

    Hoosier is 100 percent right. The state opened the door for this when it created the specialty plates and then kept expanding it for this group and that group but not this group or that group. I always get a kick out of pro-law enforcement lawmakers pushing dozens of specialty plates while the cops keep screaming “stop.”
    One friggin plate ought to be enough


  14. - Carl Nyberg - Monday, Jan 22, 07 @ 10:33 pm:

    Does this mean we can organize to get a “Torture is wrong” license plate?


  15. - Beowulf - Tuesday, Jan 23, 07 @ 6:42 am:

    My own thought is that “specialty plates” should have been done away with a long time ago. If individuals want to advertise their own personal beliefs, they should do so on their own by wearing a sign such as “Eat at Joe’s” on their person or by having it placed on their car at their own expense. Leave our state government out of it. It has always amazed me what our government representatives have been willing to do “in order to make a buck” and in order to get re-elected. Prostitution of and by an entity is easily accomplished without sex being involved.


  16. - Bill - Tuesday, Jan 23, 07 @ 7:10 am:

    I concur! Choose life!!!


  17. - VanillaMan - Tuesday, Jan 23, 07 @ 11:19 am:

    Choose Life
    Torture is Wrong
    I Am Pet Friendly
    I Love Pizza
    More, Lord!

    It seems that anyone can make these statements political. But they are not political if you choose not to recognize them as such. But to allow the Secretary of State to decide which statement is allowable infringes on the First Amendment.

    In Colorado, the Columbine Survivors Fund wanted a specialty license plate with the state flower, (a columbine), and the message “Choose Life”. This message was chosen by victim’s parents and loved ones, but denied repeatedly by those playing politics with it. Finally, the Representative from Littleton, Don Lee, representing Columbine and it’s families was able to slide the adoption of the plates through the legistlature. Democrats howled and stamped. Today, “Choose Life” is the number one license plate on Colorado’s roads. Motorists like the flower, others like the statement, most just like it.

    I do not want to see our tax money fight freedom of speech. PRINT THE PLATES!


  18. - ArchPundit - Tuesday, Jan 23, 07 @ 12:29 pm:

    Actually, if this ruling stands, I have the sense that all vanity plates will have to be done away with.

    Does anyone want a Land of Satan on an Illinois plate.

    Or Child Molesters for man child love?

    We could increase the number of plates needed for a request to keep down the numbers, but this creates all sorts of problems.


  19. - NotABlagoFan - Wednesday, Jan 24, 07 @ 12:48 am:

    The State would most likely be permitted to refuse plates that contain hate speech since its a different analysis and standard under the 1st Amd.

    I think it’s time to just do away with all speciality plates and just have one. But for god sakes, please redesign the current plate!


  20. - COOLMOMM - Wednesday, Jan 24, 07 @ 11:44 am:

    I want the plates!!! Bring ‘em on Mr. White!!!
    There are over 130 million children in the world who need to be adopted.
    CHOOSE LIFE is a pro life, pro adoption statement.
    Please, allow the plates to be made.


Sorry, comments for this post are now closed.


* Unions file suit in St. Clair County
* Reader comments closed for the holiday weekend
* AG Madigan files TRO
* In re James Dimas
* Question of the day
* Weirdest. Oppo Dump. Ever.
* Big bucks reported by Zopp, Raja
* LIVE Comptroller Munger press conference coverage
* Yet another clock starts ticking down
* Hey, Cardinal fans...
* Rauner makes cheery visit to Illinois State Museum
* The Tier 2 difference
* *** UPDATED x4 *** Attorney General goes to court
* Credit Unions – Protecting Financial Futures
* GOP legislator wants "temporary, balanced budget"
* Food for thought
* The blame game
* Meanwhile, in the real world...
* When Indiana invaded Illinois
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Dropbox to offer more free storage if users improve their account security
        * Upcoming Samsung Galaxy A8 appears in South Korean brochure
        * Infographic: How to use Samsung’s S Health app to achieve your fitness goals
        * OnePlus has sold out of Google Cardboard VR headsets
        * Top 5 Android Launchers in 2015 (Video)
        * LG G2 Android Lollipop 5.1.1 update allegedly in the works, coming in the next months
        * Sony Xperia Z3+ available in the US through Amazon

        * Check Out The Latest High-End Gaming PC From iiyama
        * Take Stunning Full HD Video With JVC’s Latest Quad Proof Full HD Camcorder
        * Volvo Want To Make Cars Safer For Kids
        * Japanese Court Orders Google To Scrub Records On Man’s Arrest
        * Online Streaming Doubles In 2015, Digital Downloads Sees 10% Drop
        * Apple Music Is Not Adding DRM To Songs You Already Own
        * Eminem Debuts “Phenomenal” Music Video Exclusively On Apple Music

        * Danks backs up comments with strong outing
        * Abreu's HR all Danks needs against Orioles
        * White Sox 1, Orioles 0: John Danks, out of nowhere
        * Samardzija takes on Orioles in holiday matinee
        * Abreu's HR all Danks needs against Orioles
        * White Sox sign first-round pick Fulmer
        * Sale given extra day of rest, will face Buehrle

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        July 2015
        June 2015
        May 2015
        April 2015
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Illinois mired in uncertainty over budget - Voc.....
        * Bill would allow cameras in Illinois nursing ho.....
        * Bill would allow cameras in Illinois nursing ho.....


        * Illinois city condemns childhood home of actor Dick Van Dyke
        * Bill would allow cameras in Illinois nursing homes
        * Sandbagging effort keeps floodwater at bay in Meredosia
        * Woman known for trying to sneak on planes released from jail
        * Danville condemns childhood home of actor Dick Van Dyke
        * Thousands truckin' to Chicago for final Grateful Dead shows
        * 8 shot even as Chicago officers work long hours over holiday
        * Could insulin pills prevent diabetes? Big study seeks answer
        * Without a budget, providers prepare, officials go to court
        * Union lawsuit seek full pay despite no Illinois budget

        * Bill would allow cameras in Illinois nursing homes
        * State employee lawsuit seeks assurance of full pay despite no budget
        * U of I freezes administration hiring over budget
        * Attorney General Lisa Madigan seeks court ruling on state payments during budget impasse
        * Illinois EPA: State has landfill capacity for 21 more years
        * State lawmakers point fingers over budget impasse; temporary budget in limbo
        * Former Illinois treasurer employees under Dan Rutherford sue over firings
        * Lawmakers point fingers over budget impasse; temporary budget in limbo
        * Illinois medical marijuana patients now number 2,600
        * Budget impasse shuts down Lincoln's Challenge program for troubled youths

        * Leo Burnett loses Special K
        * Aetna to buy Humana in $37 billion deal
        * Illinois weathers second day without state budget
        * Yelp calls off sale talks—for now
        * How a Reddit rally generated huge turnout for Sanders in Madison


          * Chicago police officers sue over tattoo cover-up rule
          * 1 killed, 2 wounded in shootings
          * City pays $1.2 million in penalties to paramedics
          * Madigan is face of Democrats in battle with Rauner
          * Pilot killed after crashing small plane in DuPage Forest Preserve in Bartlett
          * Mayor Emanuel faces tough trek toward 'grand bargain' for shoring up CPS
          * Follow our live coverage of the Fourth
          * Man who exposed himself to girl sought


          * Coping while black: A season of traumatic news takes a psychological toll
          * Rauner proposal would advance $450M to help Chicago schools
          * For same-sex marriage opponents, the fight is far from over
          * Emails show Emanuel, top officials aware of Clinton's private address
          * After pension payment, Chicago Public Schools to make $200M in cuts
          * CPS, Emanuel warn of deep cuts, layoffs to school district
          * After marriage equality, what's next for the LGBT movement?
          * The night Chicago politicians spent punching each other in the face
          * The legacy of Willie Dixon on his 100th birthday
          * Preckwinkle may reevaluate sales tax plan if Springfield acts on pensions


          * Kenny Hartman: EPA stifling input on renewable fuel changes
          * Bill would allow cameras in Illinois nursing homes
          * Charles Krauthammer: The worst agreement in U.S. diplomatic history
          * State employee lawsuit seeks assurance of full pay despite no budget
          * Our Opinion: Springfield's toilet paper caper exposes the worst and best in people
          * Esther Cepeda: Adding a woman to $10 bill an empty gesture
          * U of I freezes administration hiring over budget
          * Attorney General Lisa Madigan seeks court ruling on state payments during budget impasse
          * Illinois EPA: State has landfill capacity for 21 more years
          * Our Opinion: Winslow looks to heal divisions


          * Washington brothers achieve Eagle Scout rank in Morton ceremony
          * Anderson advances, Ram bows out
          * Langley still atop tourney
          * Decision day for five-star guard
          * Rice, Egwu dream big
          * Area soccer aficionados predict Cup final
          * Fireworks: Champaign Country Club
          * Fireworks at the Champaign Country Club
          * Sports Talk 07-03-15
          * UPDATED: Three burned when car hits Lil' Porgy's


          * Illinois State Police add July 4 patrols, roadside checks
          * Peoria ready to welcome food trucks to downtown, other areas
          * Ex-prosecutor's request to move his own murder trial delayed
          * Taiwan stands up to China with World War II military parade
          * Chafee's campaign leaves some NH Democrats a bit puzzled

          * House lawmakers overcome hurdle on key tra...
          * Rodney Davis talks funding with Bloomingto...
          * The agency that fought Illiana gets a new ...
          * Rep. Dold takes educational cruise down Ch...
          * Lawmakers decry high turnover rate of VA h...
          * CBD Oil, and politics
          * Simon considering state Senate bid
          * Killer Congressman Tom MacArthur trying to...
          * Shutdown? State may not notice
          * Rep. Bob Dold

          * Durbin, Kirk working together on U.S. atto......
          * Cuba Embassy - RiverBender.com...

          * Durbin, Kirk working together on U.S. atto......

          * Geek Gets Up Early Saturday Morning for WGN Radio 720 AM
          * Parking Patrons Risk Boot At Wilmette Dairy Queen
          * Will we have a state government ‘shutdown’ where nothing shuts down?
          * Bang for the Bucks
          * EXTRA: What would Paul Reuschel hot dog be? Biittner or Jose Cardenal?
          * Kirk disappointed Ex-Im Bank will expire at midnight
          * Where's Weyermuller? With Donald Trump in Chicago
          * NRA and Illinois State Rife Association endorse LaHood
          * Where's Weyermuller? With Donald Trump in Chicago
          * Kathy, Linda & Ron: A Love Story


          * State, Teamsters Reach Tentative Agreement - Workers at IDOT, DHS, IDES, and CMS in Cook County to Vote on New Contract
          * Governor Rauner Extends Tax Filing and Payment Deadlines for Businesses and Individuals Impacted by Recent Tornado - Deadlines Pushed to December 31, 2015
          * Illinois EPA Releases Annual Report on Landfill Capacity
          * IDNR Urges Public to Leave Fireworks Displays to Those Who Are Licensed and Trained - Fireworks Show Sponsors Reminded to Check Credentials of Fireworks Vendors
          * Governor Receives Initial Criminal Justice Commission Report




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller