* The Thomas More Society isn’t giving up its quest to force Illinois to issue “Choose Life” license plates. A three-judge federal appeals panel recently shot down their case, but the group wants a rehearing and is threatening to take their argument all the way to the US Supreme Court if necessary.
A bit of history…
Secretary of State Jesse White claimed he did not have power to approve the plate himself, and when the federal trial court ruled that he did have such authority under the wording of the license plate statute, the General Assembly passed a new bill that required legislative approval for every new specialty plate.
So, now we have a law on the books that specifically requires General Assembly approval of all new specialty plates, but a conservative group wants to overturn state legislative rights? I’m not sure I get it…
“Our US Constitution, especially the First Amendment’s free speech clause, must be held to mean the same thing in all parts of our country, and it makes no sense that specialty plates that say ‘Choose Life’ whose proceeds support the cause of adoption are permitted in so many other states, yet outlawed here,” said Brejcha. “This is a classic case of what federal courts always have condemned as ‘viewpoint discrimination’ and it must be stopped.”
Brejcha warned that Supreme Court authority would be sought in the event that rehearing is not granted or enough votes are not won to overturn the panel’s decision.
* OK, but this is what the appellate court actually ruled…
Specialty license plates implicate the speech rights of private speakers, not the government-speech doctrine. This triggers First Amendment “forum” analysis, and we conclude specialty plates are a nonpublic forum. Illinois may not discriminate on the basis of viewpoint, but it may control access to the forum based on the content of a proposed message—provided that any content-based restrictions are reasonable. The distinction between content and viewpoint discrimination makes a difference here.
It is undisputed that Illinois has excluded the entire subject of abortion from its specialty-plate program; it has authorized neither a pro-life plate nor a pro-choice plate. It has done so on the reasonable rationale that messages on specialty license plates give the appearance of having the government’s endorsement, and Illinois does not wish to be perceived as endorsing any position on the subject of abortion. The State’s rejection of a “Choose Life” license plate was thus content based but viewpoint neutral, and because it was also reasonable, there is no First Amendment violation. We reverse the judgment of the district court.
That seems reasonable to me.
* More on the General Assembly’s role…
The amendment to section 5/3-600(a) makes explicit what the Secretary had argued was implicit: that the authority to approve new specialty license plates resides with the General Assembly… (”The Secretary of State shall issue only special plates that have been authorized by the General Assembly.”). We ordinarily apply the law in effect on appeal, and where (as here) a party requests only prospective relief, there is no impediment to doing so retroactively. […]
Because the General Assembly’s rejection of the “Choose Life” specialty plate was viewpoint neutral and reasonable, there was no First Amendment violation here, and the district court improperly entered judgment for CLI. We REVERSE the judgment of the district court, VACATE its order directing the Secretary to issue the “Choose Life” plate, and REMAND with instructions to enter judgment for the Secretary.
Thoughts?
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- bored now - Thursday, Dec 4, 08 @ 10:30 am:
typical conservative bull. they support state’s rights when it’s convenient for their p.o.v. and oppose state’s rights when it’s not. what else is new?
- VanillaMan - Thursday, Dec 4, 08 @ 10:31 am:
This is about license plates?
If this group wants a pro-adoption specialty license plate, it can suggest a more specific phrase than “Choose Life”. It is within state law to regulate what can be put onto a license plate. The fact that “Choose Life” is acceptable to other states doesn’t rewrite our state laws, nor need to.
This group is fighting for a pro-life phrase that is unacceptable through our state laws. Fine. Come up with another pro-adoption phrase that is acceptable.
- Bill - Thursday, Dec 4, 08 @ 10:35 am:
This kind of stuff is why conservatives will probably never win another election in Illinois. Give it up. No one cares.
- Phineas J. Whoopee - Thursday, Dec 4, 08 @ 10:43 am:
I’m as pro-life as you get but this is just a waste of energy and time. Do what Vanilla Man said and get on with trying to save babies and forget about fighting over lisence plates.
- Carl Nyberg - Thursday, Dec 4, 08 @ 10:51 am:
Most cynical interpretation: they care little about the issue which is pretty minor. What they want from the issue is to hit up contributors with appeals based on outrage.
- dave - Thursday, Dec 4, 08 @ 10:53 am:
Unrelated, but look who got a nice Politico link today.
- Bill Baar - Thursday, Dec 4, 08 @ 10:58 am:
Like a lot of people, I have mixed feelings abortions… and believe everyone has the right to decide what can be done to their bodies… but getting bent-out-of-shape over the words Chose Life is not something I’d go to war over…. the reaction against it seems all out of proportion to any infringement on any institution’s right not to be confronted with the words chose life in traffic.
- Capitol View - Thursday, Dec 4, 08 @ 10:59 am:
The Thomas More Society also help fund the nativity scene currently in the State House, complete with its baby Jesus in the manger looking like an active 8 month old with yellowish-red hair and blue eyes.
Expect more non-reality stuff from this pandering organization with its Far right religious intrusion agenda… the more silly gestures they do, the more funding raising they accompish.
- anonsnark - Thursday, Dec 4, 08 @ 11:14 am:
the conservatives need our collective footprint in their rear ends that can be seen from the moon shuttle to finally put these so called “values” issues finally to bed.
ENOUGH!
- Bill Baar - Thursday, Dec 4, 08 @ 11:21 am:
…the conservatives need our collective…
I know plenty of very liberal Catholics who are against abortion, against the death penalty, voted for Obama, and so one… the notion that the folks behind this effort a divisive is crazy… politics is all about resolution and this could just and pro life can just as easily be made to work that way… (perhapes that’s the fear here).
Jesse Jackson and Ralph Nader coming out in support of the Schavio family great examples of this. Medical technology creates some complicated policy issues…. trying to push it into a right-left frame doesn’t work… especially if you want to resolve anything…
Let Illinois sell chose life and chose choice plates…
- Six Degrees of Separation - Thursday, Dec 4, 08 @ 11:37 am:
[curmudgeon mode on]
Can’t a license plate be just a license plate?
[curmudgeon mode off]
- Bill Baar - Thursday, Dec 4, 08 @ 11:44 am:
Can’t a license plate be just a license plate?
Not if Illinois can reap a few extra bucks off vanity.
If Gov would just do the biz of Gov economically without recourse to gimmicks we wouldn’t be having this debate.
- Rich Miller - Thursday, Dec 4, 08 @ 11:46 am:
This has almost nothing to do with Gov. Blagojevich.
We had specialty plates long before RRB was elected. And it’s Jesse White who refused to allow the Choose Life plates. Blagojevich did sign the bill passed by the GA mentioned above, but that’s the extent of his involvement.
Move along, please.
- wordslinger - Thursday, Dec 4, 08 @ 1:09 pm:
It’s 2008 and we’re still talking about abortion. Given the revolutions in pharmacology, biology and medicine, I would not have guessed that 30 years ago.
Abortion is money, pro-life and pro-choice. It’s a direct mail fundraising industry. Neither side is interested in it going away.
- bored now - Thursday, Dec 4, 08 @ 1:43 pm:
you are so right, wordslinger…
- Excessively rabid - Thursday, Dec 4, 08 @ 2:25 pm:
The first time I saw the phrase choose life I thought they were a conservation group….
- Anon - Thursday, Dec 4, 08 @ 4:27 pm:
In the 80s “Choose Life” was a British anti-heroin slogan. That’s why Wham wore shirts with the slogan in their “Wake Me Up Before I Go Go” video. Maybe the Thomas More Society includes George Michael fans.
- Boscobud - Thursday, Dec 4, 08 @ 4:45 pm:
License plates!! We need to get rid of most of special license plates that are offered. We should just have the basic Illinois plate and if anyone wants donate money to a certain cause than do that and maybe they will send you a bumper sticker.
- Excessively rabid - Thursday, Dec 4, 08 @ 10:04 pm:
I never knew that’s what the shirts in the video were about. Thanks Anon.
- Ultra50k - Friday, Dec 5, 08 @ 7:42 am:
What happened to free speech? Whats wrong with “Choose Life”. It puts much needed money in the state coffers….which will probably end up paying for abortions anyway.