AG Says Choose Life License Plate Is Unconstitutional
By: Import User
Updated: January 7, 2009
The Arkansas Legislature approved production of license plates bearing the slogan "Choose Life" -- but Attorney General Mike Beebe says the law allowing the plates appears to be unconstitutional. The plates were expected to be available today.
The "Choose Life" plates are intended to promote adoption as
an option for pregnant women. Seven other states also offer them.
Beebe`s office says a court would likely find that the plates violate the rights to free speech, equal protection and due process.
State Representative Buddy Blair of Fort Smith requested the opinion. It was researched and written by Assistant Attorney General Jack Druff.
The opinion states that the "Choose Life" slogan on the plates would be considered private speech, but violates free speech through "viewpoint discrimination" because the plates are
specifically authorized by the Legislature, creating a forum only
available to organizations with viewpoints the state approves.
Also, the opinion says, the plates violate equal protection and due process protections -- again because the plates are authorized by the Legislature.
