Federal Judiciary

Coming Soon To Arizona Roads: Choose Life License Plates

By Robert Loblaw

Arizona Life Coalition v. Stanton, 05-16971 (9^th Cir., Jan. 28, 2008)

Pro-lifers won a big victory today, courtesy of the Ninth Circuit. A coalition of pro-life and pregnancy support groups asked the Arizona License Plate Commission to start issuing speciality plates with the message, “Choose Life.” Even though the request complied with state law, the Commission was concerned about allowing controversial messages and ultimately refused to issue the plates.

The Coalition filed suit, arguing that the denial violated its First Amendment and Equal Protection rights. The circuits are deeply split on how to analyze these claims in the context of a state-issued license plate, but the district court sided with the Commission and granted summary judgment to the defendants.

On appeal, a panel of the Ninth Circuit reverses, drawing heavily on the logic of a  divided Sixth Circuit decision. (My coverage here.) Writing for the Court, Judge Tallman explains that Arizona?s specialty plate program creates a public forum for private speech. The statute makes specialty plates available to “nonprofit organizations with community driven purposes that do not promote a specific religion, faith or antireligious belief.” The Coalition satisfies these criteria, and the Commission?s refusal to issue the plates lacks a statutory basis and is not related to the purpose of the forum. Accordingly, the Court concludes that the Coalition is entitled to its plates.

Full post as published by Decision of the Day on January 28, 2008 (boomark / email).