Constitutional Law

N.J. offers 'Choose Life' license plates

By By The Associated Press

TRENTON, N.J. ? New Jersey's Motor Vehicles Commission has bowed out of a seven-year battle and this month has quietly begun offering license plates with the slogan "Choose Life."

The plates can be ordered through the New York-based Children First Foundation, which first tried to get them approved in 2003.

State officials initially rejected the plates, saying they didn't want to get into a debate over abortion. "Choose Life" is a slogan often used by anti-abortion activists. The state also said it didn't allow slogans, just the names of organizations on the plates.

The Children First Foundation, with the help of the conservative Alliance Defense Fund law firm, fought the state decision in court. A federal judge dismissed the lawsuit, saying state officials have the right to reject slogans deemed political, religious or controversial. But the 3rd U.S. Circuit Court of Appeals in April said the state's decision may have amounted to impermissible "viewpoint discrimination" and sent the case back to the lower court.

New Jersey Motor Vehicles Commission spokesman Mike Horan said officials decided to allow the plates because they wanted to avoid further legal expenses. He said the decision was made unilaterally by state officials, not as part of a settlement with the plate's sponsors.

The "Choose Life" plates went on sale Dec. 3. Horan said none had been sold by Dec. 10. Orders would come through the foundation, which would get $25 per plate.

The organizational tags are part of a broad system of license plates in New Jersey. Special plates are available for alumni of colleges in and out of New Jersey, fans of sports teams like the New Jersey Devils and Philadelphia Phillies, and members of several interest groups and organizations, including square dancers, Masons and Rotary International.

Horan said the motor-vehicles department didn't generally promote the organizational plates. It is pitching the sports tags, however, because they generate extra revenue for the state.

Full post as published by First Amendment Center on December 12, 2010 (boomark / email).