Liberty Counsel
PO Box 540774 • Orlando, Florida 32854
407-875-2100 Phone • 407-875-0770 Fax
http://www.lc.org
liberty@lc.org
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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