Pro-life groups should have right to Arizona license plate
September 13th, 2007, 4:46 pm · Post a Comment · posted by Le Templar
Pro-life groups are being denied their right to free speech when it comes to Arizona’s bizarre system of specialty license plates. The question is whether the Ninth Circuit Court of Appeals will recognize this fact.The Arizona Life Coalition wants the state License Plate Commission to issue a specialty plate for pro-life supporters in the same manner that 11 other plates already are in use for a variety of causes. People who order a specialty plate are charged an extra $25; $8 for state "administrative" expenses and the other $17 goes toward a special government fund or a private group that works on behalf of the cause endorsed on the plate.The pro-life plate would largely resemble the standard Arizona license plate in design and colors, but with the words "Choose Life" in the right-hand corner and again on the left side in a crayon-like writing under a drawing of faces of a boy and girl linked by a yellow circle. The $17 would go toward private services for pregnant women who are considering abortion.The license plate commission has repeatedly rejected the coalition’s request with support from the office of Gov. Janet Napolitano, a strong pro-choice advocate. The commission claims it won’t issue plates dealing with controversial subjects.The coalition, which represents about 40 pro-life groups, sued in federal court citing its First Amendment rights. A trial judge ruled license plates aren’t a public forum, so the state has the right to discriminate against speech it doesn’t like.There’s a lot of speech going on among the 11 plates already approved by the state. They include two sponsored by the Professional Fire Fighters of Arizona and the Fraternal Order of Police, with the logos of these two unions emblazed on the plates. People who use these plates aren’t just showing they are police officers and firefighters; they are displaying support for specific unions with lots of political connections that represent their professions.What could be controversial about a license plate that supports spaying and neutering dogs and cats to prevent overpopulation with the phrase "Pets enrich our lives"? Well, some people are opposed to animal sterilization on the same basis that we don’t forcibly sterilize humans, that it’s a fundamental assault on the right to procreate. Also, extreme animal-rights groups argue no one should keep pets in the first place, and this license plate sends not-so-subtle message in the other direction. Animal-rights advocates also interpret the "Conserving Wildlife" license plate as code for maintaining the hunting fields, which they also oppose.U.S. District Judge Paul Rosenbatt’s 2005 ruling also refers to the Rotary International message of "Service Above Self" and the Red Means Stop Coalition "Stop Red Light Running" as examples of other licenses that were available.Rosenbatt said the state could suppress free speech of pro-life causes to avoid the risk of a pro-choice group also requesting a plate. But what would be the hardship in that? The fees for specialty license plates are designed to pay for the program and a requesting group must demonstrate it has at least 200 interested members to justify getting its own plate.Rosenbatt also acknowledged the state could respect First Amendment rights while still blocking obscene speech.Does this mean some group like the Ku Klux Klan could request its own plate? Perhaps, if such a group could somehow demonstrate it has enough members interested in publicly declaring their allegiance and a legitimate use for the $17 split.But that
