State's 'Choose Life' license plate ruled unconstitutional
North Carolina plan blocked by federal judge
- Duration 4:34
- Date Dec 11, 2012
North Carolina plan blocked by federal judge
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Well you can't have one without the other and North Carolina judge a federal judge -- -- rule lean.
That eight controversial choose life license plate in North Carolina is unconstitutional.
Take a look at the -- -- but it looks like.
The federal judge ruled that it is a violation of the First Amendment the state cannot issue the plates without offering a similar.
Played for the opposing point of view.
Our legal panel is here now Tom can nephews they had defense attorney prosecutor and -- -- -- that they're glossy is a district attorney good to see both -- -- -- start -- We should begin with the First Amendment.
It's the first because arguably it's the most important.
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
The freedom of speech.
If you exclude one point of other up one point of view to the benefit of another is that abridging free speech.
In this case yes the government here -- the state could have chosen to not allow either side to enter the arena by not allowing either -- to be manufactured but he can't pick one over the other.
The question really comes -- is it government -- are private speech government can put forth but at review it wants.
That's why we go to the polls and we elect the people that we want to represent our viewpoint what they can't do is they can not.
Regulate private speech in favor of one viewpoint -- not there you know here.
In North Carolina they allowed the choose life license plate how ever they struck down six different attempts for the other side.
That's when it got sticky and it is unconstitutional.
They the legislature rejected trust women respect choice or simply.
Respect choice Tom you have an interesting point of view your argument as I understand it is Al people can still argue.
Absolutely great if we go back to the text of the First Amendment what does it say it says that -- that congress shall pass no law abridging the freedom of speech.
License -- commissioning -- out of North Carolina.
Did not restrict.
People from first -- -- doesn't restrict anybody from seeking an abortion if they live in North Carolina anywhere else.
It does it restrict the right of pro life protesters to have their voice heard.
I agree with -- is analysis of the law I disagree with the -- she comes down on because I believe that this is government speech the reason why is government speech.
And -- it's not subject to this equal time doctrine.
Of the license plate was done by the North Carolina legislature that's what makes a government speech and -- and us.
They're not required to -- to provide the counterargument and it it you know North Carolina has exclusive editorial control over these plates in there it is again.
And to some extent -- regulating.
That private speech are they not.
And that's if they can't do this is not government speech if they want to change their state logo.
To choose life they can do that because people can go to the polls and decide if that's a message they want to -- present.
But here at this you why not having an open debate when you are actually prohibiting.
The other side from putting forth their view that's the entire problem.
This is not the first state to grapple with this issue piano South Carolina -- came up with the same result a couple years ago.
Illinois made the decision you're gonna stay out of this politically charged topic altogether yet the state can't get -- I mean I've got judge Fox's opinion you're 21 pages and -- -- I think he's he's biggest point here.
Is you've got the government regulating pride in that speech he can't do that but but I -- that's the new once Greg in my opinion this is in private speech because it went through the legislation yes.
It wasn't referendum it wasn't a direct vote by the people -- a -- for the people of North Carolina.
Elected these legislatures.
And in that it would the next election comes up that they if they don't like what that is still dealing constitutional candidate and a.
Yes and -- also private speech because this isn't a license plate that's on every car you have to pay I think it's 25 extra dollars to have this message on the Bagram -- car.
So they are allowing for private individuals but what their -- that is behind Florida and you.
-- -- it's not -- the lead to let me just put this out there the legislature -- the license plate in favor of preserving open space.
Let's say is -- your argument that then the legislation would have to get a license plate to real estate developers in favor of development.
Got to leave it -- that I'm completely out of time and a cynical Ozzie and Tom can have good to see you both thank you him.
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