S.C. official: 'Choose Life' is government, not private, speech
By The Associated Press
09.21.02
CHARLESTON, S.C. — Putting "Choose Life" on license plates is government — not private — speech, so South Carolina is not required to provide plates with opposing views, Attorney General Charlie Condon contends.
"The Choose Life license plate is the most recent and apparently the most visible manifestation of the state's clear and oft-repeated preference for childbirth over abortion," said documents filed recently by the attorney general's office in a federal lawsuit challenging the plates.
Planned Parenthood of South Carolina sued last year to block the state from issuing the plates, contending it violates free speech to provide a forum for one political view without providing a chance to express opposing views.
"Because the plate does constitute government speech, there is no requirement that the state create an avenue for the expression of opposing viewpoints regarding abortion," said a memorandum from Condon's office.
In a response, attorneys for Planned Parenthood wrote that other courts have ruled that specialty license plates in other states that allow motorists to pick messages constitute private speech.
"Moreover, defendants do not explain how 'Choose Life' plates can be government speech where, under the act, it is private individuals who choose to express the 'Choose Life' message and choose to pay an additional fee to do so," the plaintiffs added.
They noted the "Choose Life" message would appear on private vehicles, not state vehicles, and so the message would be associated with the vehicle's owner.
The suit was filed in September 2001 and, two months later, U.S. District Judge Patrick Michael Duffy issued a preliminary injunction blocking the state from issuing such plates until the case is heard. No date has been set for a hearing on both sides' motions to rule in their favor without a trial.
Last year, Gov. Jim Hodges signed a law allowing the state to issue "Choose Life" plates as well as several other specialty plates, including NASCAR plates. Plates would be issued only to those who request them.
The fee would be $70 every two years along with the state motor vehicle registration fee. The extra money from the "Choose Life" plates would support private, nonprofit crisis pregnancy programs but could not go to organizations that provide, promote or refer patients for abortions.
The state's memorandum notes a half-dozen state laws regulating abortion and adds "there is little dispute but that the voice of the State of South Carolina expresses a preference for childbirth over abortion."