Liberty Counsel
PO Box 540774 • Orlando, Florida 32854
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NEWS RELEASE

Contact: Mat Staver
DATE: March 13, 2003 FOR IMMEDIATE RELEASE

FEDERAL APPEALS COURT REJECTS CHALLENGE TO FLORIDA'S "CHOOSE LIFE" LICENSE PLATE

Atlanta, Georgia — On 3/12/03, the Federal Appeals Court for the Eleventh Circuit rejected a challenge to Florida's Choose Life license plate brought by several pro-abortion groups and individuals.  The abortion advocates had brought the challenge claiming that the Choose Life license plate was unconstitutional because it only allowed for "one side" of the abortion debate to be presented.  Liberty Counsel represented several license plate owners and crisis pregnancy centers that were eligible to receive the funds from the Choose Life license plates.

The lawsuit requested the court to strike down the state law which authorizes the Choose Life specialty plate.  Alternatively, the abortion advocates claimed they were entitled to receive some of the private funds from the sale of the specialty plate.  The Choose Life plate is one of more than thirty specialty plates authorized by state law.  Under the law, any person or group may apply for the creation of a statewide specialty plate.  The applicant must obtain a certain amount of signatures, present a marketing plan and pay an application fee.  The private fees generated by the sale of the plate are then directed to the source authorized by the law pursuant to the application.  In the case of the Choose Life plate, the private fees go toward the promotion of adoption.  Thus far, the Choose Life plate is the most popular specialty plate in Florida.  Sales in less than two years have already generated over $1,000,000.00 from the private fees alone.

On July 17th, 2002, Federal District Court Judge K. Michael Moore dismissed the lawsuit, stating that the abortion advocates lacked standing to challenge the law because they had never applied for their own (abortion) specialty plate and been denied.  The Eleventh Circuit upheld the dismissal of the lawsuit using the same reasoning.  In upholding the denial, the Court of Appeals stated, "The First Amendment does not require states to authorize the speech of those who have expressed no interest in speaking; it only protects the rights of those who wish to speak."  The Appeals Court also stated, "The First Amendment protects the right to speak; it does not give Appellants the right to stop others with opposing viewpoints from speaking."

Mathew D. Staver, President and General Counsel of Liberty Counsel, noted, "This recent decision by the Eleventh Circuit Court of Appeals is a great victory for every individual who bought a Choose Life license plate.  The Appeals Court recognized the fatal flaw in the abortion advocates' reasoning.  They attempted to use the First Amendment as a sword to silence pro-life speech."  Staver added, "Nothing prevents abortion advocates from having their own plate.  These groups and individuals simply could not stand the thought that a pro-life license plate existed; and instead of exercising their own right to free speech, they attempted to silence pro-life speech."  Staver concluded, "Pro-abortion advocates were stopped cold in their effort to silence anyone opposing their view.

This decision is a victory for free speech and reaffirms the principle that pro-life speech, even though it is controversial, is fully protected under the First Amendment."

SENATE PASSES BILL BANNING PARTIAL BIRTH ABORTION

Today the United States Senate passed a bill which bans the gruesome abortion procedure known as Partial Birth Abortion.

Mathew D. Staver, Esq.
Liberty Counsel
http://www.lc.org

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