Northern District Judge Neal McCurn yesterday found that the rejection of “Choose Life” specialty license plates by the New York State Department of Motor Vehicles may have run afoul of the First Amendment by engaging in viewpoint discrimination. Agency officials rejected the plate on grounds it would be perceived as governmental support for one side in the abortion controversy, a contention shared by opponents of the tags.
Judge McCurn ruled in Children First Foundation v. Martinez, 1:04-cv-0927, that the 2002 rejection by the DMV of the plate was a possible abuse of the free speech rights of the anti-abortion Children First Foundation. The judge stayed his order until Tuesday pending a possible appeal.
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