Court hears arguments over ‘Choose Life’ tag
NASHVILLE (AP) — State lawyers argued Thursday that pro-abortion advocates haven’t tried hard enough to get their own license plate so the courts shouldn’t tamper with the “Choose Life” tag or Tennessee’s specialty plate program.
The American Civil Liberties Union has sued the state, saying the Legislature gave anti-abortion advocates a state forum with the plate.
The ACLU contends the state’s “issue advocacy” is trampling free speech rights because those with pro-abortion viewpoints haven’t been given a license plate.
“What you have here is a very public forum … and it seems to be somewhat official,” said attorney Ted Carey, representing the ACLU’s case.
Both sides presented arguments Thursday in federal court. U.S. District Judge Todd Campbell said he might issue a decision on the case this week.
The lawsuit stems from last year’s legislative approval of the Choose Life license plate. A portion of the extra $35 that motorists pay for the specialty plate would go to New Life Resources, an outreach and counseling arm of Tennessee Right to Life. State lawyers are defending the Tennessee law, not the group’s position on abortion.
Gov. Phil Bredesen, who let the bill become law without his signature, called on the Legislature to revamp the specialty plate program because it had become too political. Campbell asked the ACLU’s attorney if they should wait for the politicians to act.
“What’s the big hurry?” Campbell said to Carey. “Why not wait to May to see what the Legislature does?”
Carey said the ACLU wants the case to move ahead because it’s impossible to predict what the Legislature might do. Carey said his side hasn’t asked for a specific remedy yet, but suggested killing the “Choose Life” plate or granting a “Pro Choice” plate.
Some lawmakers have suggested waiting for the court ruling before they change the specialty plate laws.
State attorney Jim Creecy told Campbell that abortion rights groups haven’t done enough to petition for their own plate and that the current system provides order to issuing specialty plates.
“The First Amendment protects the right to speech … not the right to prevent others with opposite viewpoints from speaking,” Creecy said in court.
He said changing the state’s requirements for new specialty plates could create an unwieldy proliferation.
“Pretty soon everyone in Tennessee has a separate plate,” Creecy said. “There has to be an orderly process here.”
Tennessee offers more than 100 specialty plates benefiting colleges and universities, Ducks Unlimited, the Great Smoky Mountains and a slew of other things. Those seeking a new plate must get legislative approval and 1,000 commitments to buy one before production begins.
Campbell asked Creecy if it was reasonable to force citizens to first ask the Legislature for a change in law if they feel wronged, before going to court.
“What if the topic is so politically explosive that no legislator will touch it?” the judge said. “I’ve been around the Legislature enough to know that things I think are a good idea don’t get out of the starting block.”
The specialty plates started as a way to help the Tennessee Arts Commission, which receives 40 percent of the additional fee.
The “choose life” plate has been legally challenged in several states, and in some, including Louisiana and South Carolina, courts have ruled the special license plate system unconstitutional.