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‘Unconstitutional’: Judge Bans NC’s ‘Choose Life’ Anti-Abortion License Plates
For North Carolina residents looking to tout pro-life values on their state-granted license plates, disappointment abounds. U.S. District Court Judge James C. Fox has ruled against plates that read “Choose Life” — unless the state government also creates a similar design for individuals who support abortion rights.
Fox issued his controversial decision on Friday, according to WGHP-TV. The case against the pro-life message was brought by The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF), a group representing pro-choice individuals who want to see a similar plate embrace their views.
The judge made it clear that, in order for “Choose Life” to be issued, its oppositional counterpart would also have to be made available. Chris Brook, legal director for ACLU-NCLF, said that the decision is a free-speech victory for all state residents, regardless of the views they hold on abortion.
Photo Credit: Carolina Pregnancy Care Fellowship
“The government cannot create an avenue of expression for one side of a contentious political issue while denying an equal opportunity to citizens with the opposite view,” Brook said. “We are very pleased that the court agrees that such a one-sided scheme constituted viewpoint discrimination and violated the First Amendment.”
The judge’s opposition to the plates is nothing new. In Nov. 2011, he placed a temporary injunction on their production — a restriction that is now permanent.”The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment,” Fox said in his decision.
The plates were first issued last year when the state’s General Assembly passed House Bill 289, which created the “Choose Life” design. The total cost for the plates was originally slated for $25, with $15 from this purchase going to the Carolina Pregnancy Care Fellowship, a group of pregnancy counseling centers.
The plates were initially scheduled for production once 300 people requested them, but the initial injunction prevented their creation. The state’s attorneys are currently assessing whether to appeal the decision.
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Comments (171)
zoro51
Posted on December 10, 2012 at 1:48pmunconstitutional?? FIRE THIS ABORTION WHORE JUDGE.. they are ANTI LIFE they are ANTI HUMAN BEING they are ANTI FREEDOM OF SPEECH
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DesertRose1960
Posted on December 10, 2012 at 2:29pmThe group that wants “Pro Choice” was denied their right to a license plate. Their freedom of speech was denied. The judge merely said, and correctly, too, if you allow one group to express this opinion, then you have to allow others the same right. Or you could just change your state’s license plate laws and take such messages off of them. We survived for nearly a century without expressing political messages across our licenses, we could go back to the boring old plates.
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SocietyOfUniversalKnowledge
Posted on December 10, 2012 at 2:36pmThe license plate looks almost exactly like the Choose Life plates we have in Florida.
Seems to be Constitutional there?!?!?!?
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dan@AL
Posted on December 10, 2012 at 2:37pmI say they obey the judge and to be fair to the baby killers. One plate for anti abortion that says choose life and one for pro-abortion that says choose death. Nothing left to sue over they are identical and directly opposite so NO Liberal baby killer can complain
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Chet Hempstead
Posted on December 10, 2012 at 2:49pmSocietyOfUniversalKnowledge
Florida offers a pro-choice license plate.
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Max jones
Posted on December 10, 2012 at 3:23pmDesertRose….We know how you feel about morality and the RIGHT way of doing things…..How does a person get that way …child abuse? Maybe a lot of Dope? I know, you’re a jilted lover who knows nothing else
I archive certain people’s posts and you are one wretched, sick human being.
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brother_ed
Posted on December 10, 2012 at 3:30pm@DESERTROSE1960
Your comments are often thoughtful, however, this one misses the mark.
“Choose Life” is not necessarily an anti-abortion position…it is half of the “pro choice” argument; the other half being ‘Choose Death’.
In order to for the judge to rule that the other point of view in the abortion debate be represented, the licence plate would have to read ‘Pro Life’ in order that the counter argument of ‘Pro Choice’ be represented.
The judge (and you) assumed incorrectly that this plate does not support pro choice. It simply supports the ‘life’ choice.
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DSTSS2010
Posted on December 10, 2012 at 4:32pmTo DESERTROSE1960
I didn’t see anything in this story that indicates that the “Pro Choice” faction was ever denied the opportunity to have their own plate. Where is your proof of that?
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proliance
Posted on December 10, 2012 at 4:45pmIf the so-called pro-choice group is unhappy that it doesn’t have its own license plate, then make one available that reads “baby killer.”
Problem solved.
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JRook
Posted on December 10, 2012 at 5:17pm@brother_ed Nice try but you should really make at least a half hearted attempt to not project your ideology onto other individuals. It is Pro Choice, Not Pro Abortion and the choice is a reproductive one. The prospective mother is not choosing death, they are choosing not to continue THEIR pregnancy.
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The_Jerk
Posted on December 10, 2012 at 5:38pm” The case against the pro-life message was brought by The American Civil Liberties Union… .”
Per Rabbi Daniel Lapin, “The ACLU’s leadership is almost reminiscent of a temple board meeting.” Ask who is debasing our culture, Jews. Not per me, but per the facts.
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Git-R-Done
Posted on December 10, 2012 at 5:43pmJcrook – Quit lying and spinning. You leftists are pro abortion and you support murdering unborn babies.
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The_Jerk
Posted on December 10, 2012 at 5:44pmTime to start ignoring the courts. They have/are delegitimizing themselves.
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The_Jerk
Posted on December 10, 2012 at 5:56pmJRook, that mother made her choice. Her choice led to consequence, involving another. Now, she can not make a choice for both. She did it to herself. The other should not suffer, because the other never had a choice. The other is the consequence, an innocent consequence. The mother is choosing death, not for her, but for another.
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Jaycen
Posted on December 10, 2012 at 7:00pmFINALLY!
I can’t wait to see NJ license plates that say:
“Choose Death”
“Slay Your Unborn”
“Death to Children”
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brother_ed
Posted on December 10, 2012 at 7:12pm@JROOK
I am happy to see that you used the plural ‘their’ pregnancy, instead of ‘her’ pregnancy; eventually you will come to recognize the fetus as a human being. Or maybe the plural referred to the father, thereby recognizing his right to participate in the decision.
Either way, I think you are making progress, and I commend you for that.
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navpooh
Posted on December 10, 2012 at 7:30pmDesertrose1960 – you seaid it yourself – the people who wanted the plates had their right to free speech denied. And you have no problem with that? Why is it ok for one group to be able to tell another group what they can or cannot say? As to having plates that say the opposite of “choose life”, who said they can’t be made? Once again the ACLU strikes a blow to the First Amendment. So much for civil “liberties”.
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brother_ed
Posted on December 10, 2012 at 7:54pm@JROOK
American Heritage Dictionary:
“… many people avoid using THEY to refer to a singular antecedent out of respect for the traditional grammatical rule concerning pronoun agreement. Most of the Usage Panelists reject the use of THEY with singular antecedents. Eighty-two percent find the sentence ‘The typical student in the program takes about six years to complete THEIR course work unacceptable.’ ” (Emphasis added)
I thought you might like to know.
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The Third Archon
Posted on December 10, 2012 at 11:13pmYou can’t fire federal judges dumbass–you can only impeach them, and that only happens in the case of serious lawbreaking, not simply controversial rulings (and even then, it rarely happens–usually, if it comes to light that there is a serious violation of law sufficient to be a ground for impeachment the judge just resigns in shame and under pressure). If a judge was impeached or resigned every time they made a controversial ruling, it would completely defeat the point of having a judicial branch. Your recourse is the appellate system, and there’s a decent chance of it being overturned anyhow–there is a general, though by no means absolute, tendency for appellate courts to be more conservative for a variety of reasons.
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BigBear2k
Posted on December 11, 2012 at 12:56amWell… the pro-choice aborted fetus plates weren’t as cute as the two little cartoon babies on the choose life plates.
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MGrilla
Posted on December 11, 2012 at 10:35am@JROOK Not the first time the world has heard this type of humanistic intellect. What was the argument used to justify the gas chambers? and how did so many go along with it?
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wzanesdad
Posted on December 11, 2012 at 1:33pmI agree with the third archon. This wil have to be settled with an appeal. I believe it will be easily overturned. This judge is simply wrong on his interpretation of the first amendment, as progressives usually are. If not, there’s plenty of pro life bumper stickers available.
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blackbean
Posted on December 10, 2012 at 1:47pmThis judge has all the earmarks of being college edjucated! Where else does stupid come from ?Careful how you answer that without first looking into a mirror.
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DesertRose1960
Posted on December 10, 2012 at 2:24pmYes, the judge is college educated and he went to Law School, too. I always thought that stupid came from a lack of education and literacy. My parents sent me to college, so I could get the education they could never afford for themselves, silly me or silly parents?
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SocietyOfUniversalKnowledge
Posted on December 10, 2012 at 2:35pmThis judge is clearly educated beyond his intelligence.
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Max jones
Posted on December 10, 2012 at 3:29pmIn my opinion, Rose, it was money well spent…….for the devil…..an individual you can’t tell from regular conservative people That is evil one’s finest achievement: causing people to not believe he exists.
Maybe you know what you are doing and just don’t care. I don’t know, do you?
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JRook
Posted on December 10, 2012 at 5:18pmActually stupid are those individuals who vote for state legislators who waste their time and tax payers money formulating anti-choice laws that are clearly unconstitutional.
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Jaycen
Posted on December 10, 2012 at 7:04pm@DesertRose1960
Silly parents. Waste of money.
Stupid has nothing to do with education. I know several “well-educated” people who aren’t especially smart. You don’t learn about life from listening to a professor telling you what to think.
Being told how and what to think does make you a degreed twit, though. Best of luck with that.
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prodogs
Posted on December 10, 2012 at 1:45pmDoes no one else see this as a lay up response which is actually more impactful than the original.
Get to the design on the opposite side
Replace Choose Life with “Choose Death”
replace smile faces with aborted fetus.
There you go both sides of the issue represented now.
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TxSon
Posted on December 10, 2012 at 1:53pmPerfect
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Southerner01
Posted on December 10, 2012 at 1:56pmThat’s exactly what I thought when I read it. Of course, to be fair it should be a drawing of an aborted fetus, since those are not real kids on the choose life one.
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Polarized America
Posted on December 10, 2012 at 2:11pm.
what about New Hampshire Plate………….” Live Free or Die ”
they should have an opposing Plate ….” Die all you Commies “
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christianUSA
Posted on December 11, 2012 at 4:29amOpinion How about one saying Choose Death with a chopped up baby in the background? No too honest for you abortions mm; well maybe what you want is one saying ‘Pro Choice’ right? Which could mean a lot of things about freedom to choose like giving people the freedom to express themselves on their cars by saying “Choose Life”! But since you demanded in court to deny this Pro Choice expression you are hypocrites.
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Mess23
Posted on December 10, 2012 at 1:44pmFine, make a plate that says Pro-Murder…
Put that on your Subaru…
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Winedude
Posted on December 10, 2012 at 2:21pmYou rectal pores can blast about Subaru all you like. I can count on it being on the road long after your POS C150′s have been recycled into another car.
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Max jones
Posted on December 11, 2012 at 9:04amwinedude agreed…..best small car made. second is honda.
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NotSoCommonSense
Posted on December 10, 2012 at 1:44pmWow – talk about a war on women. If the judge had just stayed out of the way $4,500 would have gone to help pregnant woman via the Carolina Pregnancy Care Fellowship – where is Sandra Fluke when you need her?
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The_Cabrito_Goat
Posted on December 10, 2012 at 1:43pmACLU? Shocker.
Just buy a bumper sticker, folks. Don’t be dismayed. Never let them bring you down.
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doomytram
Posted on December 10, 2012 at 1:43pmHow about running Obozo Smirking License Plates? Obozo1 He Won go Bozo etc.
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LeadNotFollow
Posted on December 10, 2012 at 1:41pmIn my opinion, the Judge is an idiot and a supporter of infanticide.
Life begins at conception. We must protect the babies from being murdered.
These tags could save a baby’s life. A woman contemplating an abortion, could see one of these tags and realize it’s a sign from God, to not abort her baby.
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SimpleTruths
Posted on December 10, 2012 at 2:02pmAre you saying there is no life before conception? Sperm and ovum are dead things until they meet up then POOF magically life begins? Every time you masturbate aren’t you committing murder? Maybe we need to outlaw masturbation too.
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Angel_light
Posted on December 10, 2012 at 2:03pm…to not KILL her baby – just to make it 100% clear.
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landman1
Posted on December 10, 2012 at 2:23pmHere we go! Ole simpletruths has just turned over a rock and look what scurried out from under it. I have long thought that the crazy liberals would start their warped logic machine up with this “when is it murder” crap. They won’t stop when they start rolling folks. They will go so far as to stop the use of disinfectants that kill germs under the same mantra as in all killing is killing. No hunting, fishing, slapping mosquitoes, cutting grass and anything else imaginable to make the point. And they are, pardon this pun, dead serious! The only thing they do not want limits on killing is their own off spring. Kill all of them that you want. No bag limits on fetuses. How the hell can they look in a mirror? And we just elected the leader of the pack for a second term. So sad.
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brigott
Posted on December 10, 2012 at 3:53pmNo, SimpleTruths, your position is NOT correct.
Go back to basic high-school biology. I’m guessing you didn’t do well, unless it was in a government school where truth and facts are not important.
Neither a sperm nor an egg cell is a life; neither is able by itself to perform the functions of living organisms any more than the tip of your finger would survive if it were removed from the rest of you. Life BEGINS at conception.
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Marine25
Posted on December 10, 2012 at 6:03pmTip of my finger could not survive detached from the rest of me. Okay. That’s your litmus test. A newly fertilized egg could not survive outside the body any more than a finger tip or a single sperm or egg. Sounds like you just made the argument for the current federal abortion law. And quite well, I might add.
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term limits for congress
Posted on December 10, 2012 at 1:40pmI have a “Save the Seas” plate. Never seen a “Screw the Seas” plate. hmm
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LeadNotFollow
Posted on December 10, 2012 at 1:53pmGood point.
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LeadNotFollow
Posted on December 10, 2012 at 1:57pmMaybe N.C. should replace all those “Save The Lighthouse” bumper stickers with “Bulldoze The Lighthouse”.
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hatchetjob
Posted on December 10, 2012 at 2:04pmRight on, Screw the Whales too! NOT!!
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Truthbeliever2
Posted on December 10, 2012 at 1:40pmFreedom of speech??? YEA RIGHT! Silly “Americans”. HAHAHAHAHAHAHAHA
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Max jones
Posted on December 11, 2012 at 9:15amTRUTHBELIEVER….You’ve hit on the the most important subject that has ever been brought up on this site…….DELUSION.
At any one time on this planet there are maybe 1% of the population who have an inkling of what is really going on. All the rest are distracted and ignorant of the machinations of the powerful. Which actually worked fairly well when “the powerful” had moral fiber……Sadly, the individuals who run things now are evil and selfish.
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SquidVetOhio
Posted on December 10, 2012 at 1:39pmSo I demand a Destroy Wildlife license plate. Also, Michigan should have to produce Ohio State license plates now to keep it “fair”.
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SquidVetOhio
Posted on December 10, 2012 at 1:38pmWell, since I’m from the hometown of the Wright Brothers and where the airplane was invented and tested. I want to sue NC for putting “First in Flight” on their license plates.
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Winedude
Posted on December 10, 2012 at 2:19pmI can always count on something foolish on here. The Wright Bros. did all their work in OH. However, the first RECORDED flight took place at Kitty Hawk, North Carolina.
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SquidVetOhio
Posted on December 10, 2012 at 3:43pm@WINEFOOL
Sorry but you’re epically wrong. The Wright Flyer I made the famous short hops or “flight” at Kittyhawk. Orville and Wilbur always argued as to if that should have been considered “flight” although, it has now been accepted. The Wright Flyer II was flown here at Huffman Prairie (now part of Wright Patterson AFB) where it took of on it’s own power and completed a 24 mile flight (longer than all the Kittyhawk “hops”) in a complete circle and landed (crash landed). This is practically in my back yard. I have family buried 10 yards away from Orville, Wilbur and their sister Kate, I believe.
Anything else I can educate you on?
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SquidVetOhio
Posted on December 10, 2012 at 3:47pmIt still violates my constitutional right to not have my opposing point of view on your stupid license plate.
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CWPrequired
Posted on December 10, 2012 at 1:36pmWhen a Nation Forgets God- amazing book that tells you how and why we are at this point as a nation. It will make your head explode!
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TheBigMike
Posted on December 10, 2012 at 1:34pmThis is how bass-ackwards this country has gotten: The First Amendment begins with, “Congress shall pass no law….” It does not contain, “A State bureaucracy may not engage in viewpoint discrimination.”
How the heck can a federal judge construe this as a First Amendment issue, and why will ninety-nine percent of Americans accept this as reasonable?
The good guys lost a long time ago. Not a hundred years ago with Woodrow Wilson, et al, but long before that when a guy named Lucifer duped a guy named Adam. And God said, “So that’s what you want? Here you go.”
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RJJinGadsden
Posted on December 10, 2012 at 1:34pmIt ain’t free speech if it disagrees with the left!
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BODYBAG
Posted on December 10, 2012 at 1:45pmThis Judge should be dragged from his home in the middle of the night and flogged to within an inch of his life. I keep saying this over and over —— government no longer fears the people.
Once they do this nightmare we’re living in will come to an end.
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The-Monk
Posted on December 10, 2012 at 1:50pmHi RJJ,
Ain’t that the truth. What’s next?
I’ll bet it will be replaced with a “Choose Atheism” license plate and that will be just fine. : (
Report this comment
SimpleTruths
Posted on December 10, 2012 at 2:08pmBODYBAG
Every post you make suggests that you have giant chip on your shoulder and a need to go kick some a88. Why don’t you just get it over with and go out guns ablazin’.
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RJJinGadsden
Posted on December 10, 2012 at 2:20pmHi MONK, God only knows what is coming next from this crowd. I have a creepy feeling that NAMBLA will have something to do with it in a few years. Its only fair, and as 0bama always says, its the right thing to do.
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Chet Hempstead
Posted on December 10, 2012 at 2:55pmIt ain’t free speech if the state declares that only one side should be allowed to express their opinion.
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Git-R-Done
Posted on December 10, 2012 at 5:44pmChet – You mean you leftists don’t use the government to silence freedom of speech?
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navpooh
Posted on December 10, 2012 at 7:42pmChet – no one said that only one side could express their viewpoint; the legislature approved the production of the new plates. They didn’t say “and you CAN’T produce plates with opposing viewpoints”.
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Hodmokrin
Posted on December 10, 2012 at 1:33pmFreedom of speech doesn’t define making things “fair” for those who oppose someone else’s right to free speech. Your license plate should be able to say “Cure world hunger, feed people stray animals”, if that is what you choose.
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Silvertruth
Posted on December 10, 2012 at 1:32pmThe judge got it right, both sides need to be represented no matter how much you might disagree with either one. I’m curious as to why the State got involved in the debate to begin with. States need to handle social/cultural issues, but with very gentle and understanding behavior.
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JHAMADEY
Posted on December 10, 2012 at 1:40pmYes if the other side asked? The Judge needs to read more on the 1st amendment.
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circleDwagons
Posted on December 10, 2012 at 1:41pmwhere do i get my “Pro – Death” plate?
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Silvertruth
Posted on December 10, 2012 at 1:49pmNo, you don’t have to ask. The State has an obligation to be neutral, it’s not a request basis. Whomever in their motor vehicles department said “Hey this is a great idea” needed to say “We need to have the ‘kill the kids’ plate too, make it the same but with ‘X’s’ for the eyes!” While I’m kidding a bit there, I’m serious that the person authorizing it needed to consider the other side.
The Judge was correct to stop it until the other side of the issue gets a plate. How about a silhoutte of a couple about to have sex and put “Guilt Free!” for the caption! LOL!
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Blackhawk1
Posted on December 10, 2012 at 2:08pmThe plate for the opposing view should be truthful.
Murder Future Taxpayers.
Somehow the left can’t figure out why their entitlement society is doomed by their own practices.
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governmentCorruptionDestroysAmerica
Posted on December 10, 2012 at 2:20pmIf you are “pro-choice”, what’s the problem? This message is merely advocating making one of the possible choices without disparaging the other choice. Why would you want to silence that?
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navpooh
Posted on December 10, 2012 at 7:50pmovernmentCorruptionDestroysAmerica – the left will never be happy until they get to silence everyone who disagrees with them.
Silvertruth – the judge got it wrong – and no one at the MVA created the plate – the legislature passed a law doing so. And the legislature can just as easily pass a law creating a plate with an opposing point of view. As a previous poster pointed outm, the first amendment guarantees FREEDOM of speech, not EQUAL speech. And there is NOTHING in the Constitution that guarantees equal speech. The judge was so far off base on declaring this a constitutional issue he’s over the left-field wall and in the parking lot.
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thetruthlives
Posted on December 10, 2012 at 1:32pmwhat is the oppositional license for watermelon, square dancing, breast cancer awareness, ducks unlimited? judges are retards!
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Hodmokrin
Posted on December 10, 2012 at 1:38pmOranges, break dancing, breast cancer ignorance, and duck genocide plates would be a good start. All with the idea of being “fair” in mind.
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navpooh
Posted on December 10, 2012 at 7:52pmAmen.
And Hodmokrin, very well played!
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goahead.makemyday
Posted on December 10, 2012 at 1:31pmSo instead of making a design for “pro-choice” they use taxpayer money to prevent a “pro-life” license plate from being allowed? How whacked can the gov’t get before officials start getting whacked a la révolution française?
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LeadNotFollow
Posted on December 10, 2012 at 1:45pmThey know that no one will order a “pro-choice” tag.
Only the “pro-life” tags will sell.
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banjarmon
Posted on December 10, 2012 at 1:31pmThis is an infringement on our FIRST AMENDMENT RIGHTS!!!!!
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LeadNotFollow
Posted on December 10, 2012 at 1:59pmObama is our Dictator. We no longer have rights.
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chips1
Posted on December 10, 2012 at 1:28pm“Choose Life” or “Murder a Baby”. Make your choice.
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OldSurfRat
Posted on December 10, 2012 at 1:27pmActually I must agree with the ruling even though all is never equal or fair in the real world no matter how much you legislate.
I do not like the idea of abortion I also do not like the idea of telling some girl she will got to hell for abortion.
On this issue like many others I say it is between you and god and unless someone says they will take the baby to raise as their own than they need to button it.
I think putting it on a plate is putting in your face and that is just not Christian.
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SquidVetOhio
Posted on December 10, 2012 at 1:36pmYou got all that from “Choose Life” ?
I guess I missed the small print where the plates were telling the girl she’s going to hell. Is it on the sticker?
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hauschild
Posted on December 10, 2012 at 1:38pmYou’re simply wrong.
Abortion and traditional American ideals (which is solely what this nation was founded on) are not mutually exclusive. You cannot have a virtuous society and allow abortions. Want proof? Compare the product (meaning quality of individual) produced in the 1950′s with that of today. It isn’t even close.
You make a huge mistake when a Laissez-faire approach to abortion because it is at its very core, purely evil and selfish; two adjectives you would never use to describe a Traditional American.
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Truthbeliever2
Posted on December 10, 2012 at 1:43pmYour avatar fits sooooo well. You are a TOTAL freakn idiot.
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OldSurfRat
Posted on December 10, 2012 at 1:55pmHey truth
If that is how you feel than I respect you opinion. However you have shown me that you have no idea about being a person of faith.
Hey squidward
I was making a point. you know its called an opinion. I did not say the plate said that and you my freind are why we have another 4 years of Obama.
So to all of you I say this.
Thank you, Thank you very much.
The king has left the building! LOL
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begreen
Posted on December 10, 2012 at 11:56pmBabies are like grass if it’s growing it’s alive. So choose life! Just a basic and logical argument.
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moreteaplease
Posted on December 10, 2012 at 1:26pmIf the pro-choice plate issue had come before this judge first, would he have said the same thing or just said “sure, no problem”? Just wondering.
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OldSurfRat
Posted on December 10, 2012 at 1:31pmGood point
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progressiveslayer
Posted on December 10, 2012 at 1:25pmThis judge would make a great social worker with his perverted view of whats unconstitutional. I remember seeing plenty of RU 486 license plates.
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Locked
Posted on December 10, 2012 at 1:37pm“I remember seeing plenty of RU 486 license plates”
Do you have a link to this? I found stories of vanity plates, but not state-issued license plates that contain pro-abortion references to RU-486.
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TheBurningTruth
Posted on December 10, 2012 at 1:24pmSure the govt can create unequal forms of expression. Just consider “hate speech”. That’s clearly a one-way set of laws that seek to limit ONLY white people. Just watch how many blacks call white people “*******” and worse without ANY hesitation or even outrage.
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