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Appeals court OKs ‘Choose Life’ plates in Tenn.

Judge says ‘one-sidedness’ of message doesn't violate First Amendment

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updated 1:30 p.m. ET March 17, 2006

NASHVILLE, Tenn. - A federal appeals court Friday allowed Tennessee to offer anti-abortion license plates bearing the message “Choose Life.”

The American Civil Liberties Union of Tennessee previously won a ruling from a lower court that said the tag illegally promoted only one side of the abortion debate.

“Although this exercise of government one-sidedness with respect to a very contentious political issue may be ill-advised, we are unable to conclude that the Tennessee statute contravenes the First Amendment,” Judge John M. Rogers said in a 2-1 ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati.

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Fights over what can and cannot be emblazoned on Louisiana license plates date to 1999, when lawmakers easily approved the anti-abortion “Choose Life” plate, available for an extra $25, with the revenue dedicated to agencies that help pregnant women put their babies up for adoption.

Abortion rights proponents complained the state does not offer those with other political views a similar way to express them. An attempt to create a “Choose Choice” tag failed in the Legislature in 2002.

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