RICHMOND, VA – The U.S. Court of Appeals for the Fourth Circuit will hear arguments from the ACLU-NC and the state of North Carolina on Wednesday, October 30, in a case challenging the constitutionality of a 2011 North Carolina law that would have allowed the production of a specialty “Choose Life” license plate but not an alternative plate with a message supporting reproductive freedom.
U.S. District Judge James C. Fox ruled in December 2012 that North Carolina's one-sided license plate scheme was unconstitutional, writing that “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.” The state is appealing that ruling.
The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) filed a challenge to the law in 2011 on behalf of North Carolinians seeking a specialty license plate that supports a woman’s right to reproductive freedom. The lawsuit, filed in the U.S. District Court for the Eastern District of North Carolina, argued that the state’s plan violated the First Amendment by creating an avenue for private speech but opening it to only one side of a contentious issue.
During the 2011 legislative session, the North Carolina General Assembly passed House Bill 289, which authorized the issuance of a “Choose Life” license plate. However, the legislature repeatedly refused to authorize a plate that supported the countervailing position in favor of reproductive freedom. Six amendments were proposed in the legislature to authorize an additional new plate that stated either, “Trust Women. Respect Choice.” or simply “Respect Choice.” The legislature rejected all six amendments.
U.S. District Judge James C. Fox granted a preliminary injunction in November 2011 that temporarily blocked production of the “Choose Life” plate; that injunction was made permanent after Judge Fox’s Dec. 7, 2012, ruling.
