April 20, 2009

License plate censorship challenged in highest court

'First Amendment must mean the same thing throughout the entire U.S.'

A Chicago-based public-interest law firm is appealing to the U.S. Supreme Court to crack down on censorship of statements by the pro-life movement, specifically the request to have a "Choose Life" specialty license plate in Illinois.

The case could provide one of the first opportunities for the high court to comment directly on the abortion-promoting position President Obama has adopted, since he played a role in the development of the case at hand.

The 9th U.S. Circuit Court of Appeals ruled last year that authorities in Arizona were not allowed to censor a "Choose Life" message from a program that allows special interest groups to obtain license plates with their slogans.

But a ruling from the 7th U.S. Circuit Court of Appeals disagreed, the Thomas More Society noted.

"We expected that this issue would have to be resolved by the U.S. Supreme Court," said Tom Brejcha, president of the Thomas More Society and chief counsel for the case.

"The right of Arizona citizens to purchase 'Choose Life' specialty plates was recently upheld by the 9th Circuit Court of Appeals, which ruled that denial of the plates constituted 'viewpoint discrimination.' The 7th Circuit held the contrary, yet the First Amendment must mean the same thing throughout the entire United States."

The 7th Circuit, in its decision late last year,  rejected Choose Life Illinois's contention that the state's refusal to permit a "Choose Life" plate violated the First Amendment.

Brejcha said he has hopes that the high court will hear the case.

"If anything, our clients' claim against Illinois is overripe for review," he said. "Our petition for review highlights the fact that litigation concerning the 'Choose Life' plates over the last 10 years has created a patchwork of conflicting decisions. We will be greatly surprised, as well as disappointed, if the court fails to grant review."

More than 25,000 Illinois citizens signed petitions requesting the "Choose Life" plate, which was expected to generate proceeds to fund Illinois adoption agencies to help children find lifetime homes with loving families.

However, authorities in the state simply blocked the plan, even though other specialty plates already in circulation ranged from supporting troops or calling for peace to celebrating college fraternities.

The law firm said such requests were "approved routinely."

Obama, then an Illinois state senator, became involved when state officials were building roadblocks for the "Choose Life" campaign. To defeat the request, related bills introduced in the Illinois General Assembly were diverted to a special subcommittee, where they died without any hearings.

The committee was headed at that time by Obama.

Since his election as president, Obama has moved quickly to promote abortion at will, restoring U.S. taxpayer funding for overseas agencies that support abortion and reopening federal programs to do research on the unborn. His administration also has reviewed a plan to require Christian physicians and pharmacists to provide abortion services or leave the profession. It also has looked at a legislative proposal that would overturn all abortion restrictions and limits nationwide.

WND previously reported a court in Indiana approved "In God We Trust" license plates for that state. An "I Believe" plate also was being developed in South Carolina.

Source:
WorldNetDaily
Publish Date: April 18, 2009
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