6th Circuit Says Choose Life License Plate is OK

The 6th Circuit Court of Appeals has overturned a lower court ruling which held that a Choose Life license plate illegally promoted only one side of the abortion debate.

Tennessee, like in many states, allows its citizens to purchase specialty license plates for their vehicles.  In 2003, Tennessee passed a law authorizing issuance of a specialty license plate with a Choose Life logotype designed in consultation with New Life Resources.

The ACLU and Planned Parenthood challenged the law, arguing that the Choose Life message was viewpoint discriminatory and, therefore, unconstitutional.

In its decision reversing the district courts judgment in favor of  the ACLU and Planned Parenthood, the court of appeals held that Government speech disseminated by private volunteers cannot have its constitutionality under the First Amendment depend on the small number of objectors to the governments message, or the extreme nature of their views.

Federal appeals courts have been divided on the issue.  The 4th Circuit U.S. Court of  Appeals in South Carolina said that the license plates violated the First Amendment.  The 6th Circuit Court of Appeals has now taken a contrary position.  These cases may wind their way to the Supreme Court of the United States.