{U.S. Supreme} Court Declines License Plate Case
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Court Declines License Plate Case
Appellate Rulings Conflict on Allowing Antiabortion Message
Associated Press
from Washington Post, originally in print edition, Tuesday, January 25, 2005; Page A03
The Supreme Court declined yesterday to consider whether states may offer license plates with antiabortion messages, leaving lower courts divided over whether the programs in a dozen states unconstitutionally restrict dissenting views.
Without comment, justices let stand a lower court ruling that South Carolina's license plates bearing the slogan "Choose Life" violate the First Amendment because abortion rights supporters were not given a similar forum to express their beliefs.
The high court's move means that South Carolina will have to eliminate the specialty plates or offer plates with abortion rights views. That ruling is at odds, however, with a prior decision by the New Orleans-based U.S. Court of Appeals for the 5th Circuit, which essentially allowed the plates because it said abortion rights advocates did not have standing to bring a lawsuit in the case.
Under the South Carolina program, begun in 2001, drivers may pay a $70 fee to purchase the antiabortion plates, with the revenue going toward local crisis pregnancy programs.
Planned Parenthood of South Carolina, which filed the lawsuit, had argued the program amounts to "viewpoint discrimination" by state officials because they allow expression of only one side of the abortion debate.
South Carolina countered that the plates are "government speech" that entitles them to allow a particular viewpoint without an obligation to include dissenting views. Otherwise, the state would have to allow countering views to license plates on any public policy matter, such as "God Bless America."
The U.S. Court of Appeals for the 4th Circuit, based in Richmond, disagreed and ruled that the plates were unconstitutional. It rejected South Carolina's contention that Planned Parenthood lacked standing, or an actual injury, because it never applied for a specialty plate under a separate law allowing nonprofit groups to seek plates bearing their insignia for members. The 4th Circuit also covers Maryland, North Carolina, Virginia and West Virginia.
The ruling was at odds with one by the 5th Circuit, which ruled in December 2002 that Louisiana abortion rights advocates had no standing to sue that state over its antiabortion plate. The 5th Circuit covers the states of Mississippi, Louisiana and Texas.
... more at linked article
Gah! Yet another case where the U.S. Supremes can't seem to figure out that they have to make a decision and stop leaving this hodge podge of mixed decisions at lower levels to continue.
Seriously, in many ways, I don't care what's decided, but come on, make a decision already and stick to it. Leaving different standards in all these different places is just stupid, and continues the cycle of ignorant and abusive law suits alleging infringement upon freedom of speech, or freedom of religion, etc.
Decide please. Take a case and decide. Set a precedent. Don't be afraid to take a stand and let the nation live with it.
Court Declines License Plate Case
Appellate Rulings Conflict on Allowing Antiabortion Message
Associated Press
from Washington Post, originally in print edition, Tuesday, January 25, 2005; Page A03
The Supreme Court declined yesterday to consider whether states may offer license plates with antiabortion messages, leaving lower courts divided over whether the programs in a dozen states unconstitutionally restrict dissenting views.
Without comment, justices let stand a lower court ruling that South Carolina's license plates bearing the slogan "Choose Life" violate the First Amendment because abortion rights supporters were not given a similar forum to express their beliefs.
The high court's move means that South Carolina will have to eliminate the specialty plates or offer plates with abortion rights views. That ruling is at odds, however, with a prior decision by the New Orleans-based U.S. Court of Appeals for the 5th Circuit, which essentially allowed the plates because it said abortion rights advocates did not have standing to bring a lawsuit in the case.
Under the South Carolina program, begun in 2001, drivers may pay a $70 fee to purchase the antiabortion plates, with the revenue going toward local crisis pregnancy programs.
Planned Parenthood of South Carolina, which filed the lawsuit, had argued the program amounts to "viewpoint discrimination" by state officials because they allow expression of only one side of the abortion debate.
South Carolina countered that the plates are "government speech" that entitles them to allow a particular viewpoint without an obligation to include dissenting views. Otherwise, the state would have to allow countering views to license plates on any public policy matter, such as "God Bless America."
The U.S. Court of Appeals for the 4th Circuit, based in Richmond, disagreed and ruled that the plates were unconstitutional. It rejected South Carolina's contention that Planned Parenthood lacked standing, or an actual injury, because it never applied for a specialty plate under a separate law allowing nonprofit groups to seek plates bearing their insignia for members. The 4th Circuit also covers Maryland, North Carolina, Virginia and West Virginia.
The ruling was at odds with one by the 5th Circuit, which ruled in December 2002 that Louisiana abortion rights advocates had no standing to sue that state over its antiabortion plate. The 5th Circuit covers the states of Mississippi, Louisiana and Texas.
... more at linked article
Gah! Yet another case where the U.S. Supremes can't seem to figure out that they have to make a decision and stop leaving this hodge podge of mixed decisions at lower levels to continue.
Seriously, in many ways, I don't care what's decided, but come on, make a decision already and stick to it. Leaving different standards in all these different places is just stupid, and continues the cycle of ignorant and abusive law suits alleging infringement upon freedom of speech, or freedom of religion, etc.
Decide please. Take a case and decide. Set a precedent. Don't be afraid to take a stand and let the nation live with it.
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