Choose Either Free Speech Or Slogan-Free Licsense Plates

In ACLU v. Bredesen the Sixth Circuit issued a decision allowing Tennessee to discriminate against the political views of some if its citizens by permitting the state to produce”Choose Life”license plates requested by abortion opponents, but to refuse to produce corrollary pro-choice license plates requested by reproductive rights supporters.

Feminist Law Prof Stephanie Farrior blogged about this here, noting that Tennessee authorizes more than 150 specialty license plates containing a variety of political and sometimes controversial messages, including one featuring a Confederate flag requested by the Sons of Confederate Veterans, and a license plate bearing the logo of the University of Florida, the arch-rival of the state’s flagship university, the University of Tennessee, but the Tennessee legislature refused to authorize a request for a pro-choice license plate.

Yesterday at Firedoglake Jane Hamsher reported that Connecticut is rethinking its “Choose Life” license plates despite the fact that (as indicated in the linked article) Senator Joe Lieberman apparently supports them (ugh). A Boston Globe article Hamsher references reveals:

The plates have been lucrative for the nonprofit groups they fund. Nationally, the plates have raised $5 million for pregnancy resource centers, maternity homes, and nonprofit adoption agencies. About $4 million came from Florida residents who have chosen the license plate, the country’s first, since it became available in 2000, said Russ Amerling, national coordinator of Choose Life Inc.

Given the circuit split on this issue (read the contrary Fourth Circuit opinions here and here) Hamsher correctly notes this could be “headed for the Supreme Court.”

–Ann Bartow

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