- A federal judge issued a preliminary injunction today which blocks the production and distribution of Louisiana's special "prestige" license plates bearing the legend "Choose Life." Judge Stanwood Richardson Duval, Jr. agreed with the plaintiffs' contention that the Louisiana statute authorizing the license plates violates the First Amendment because the State has failed in its obligation to provide a "viewpoint-neutral" forum for speech on abortion. No trial date has been set yet.
"The right to an abortion is an extremely controversial issue and is the focus of a national debate," wrote Judge Duval in the decision to grant the injunction. "To provide through legislation for only one viewpoint to be expressed on such a polemical topic is very likely an unconstitutional restraint of free speech as it restricts the forum to only one view-that being the view of the State."
Enacted last year, House Bill 2082 mandates that proceeds from the sale of the special license plates be deposited into a "Choose Life Fund," which would be made available to qualifying nonprofit organizations that provide counseling to expectant mothers. The law stipulates that no money shall be distributed to organizations that counsel women to consider abortion, provide referrals to abortion clinics, provide abortions or advertise for abortion services. The Act requires that state taxpayer dollars be used to make and distribute the license plates; establish and maintain the Council; and establish and maintain the Fund. The statute also requires the establishment of a "Choose Life Advisory Council" to design the license plates and decide which non-profit organizations will receive funds generated from sale of the plates. The Council must be comprised of a representative from: The American Family Association; the Louisiana Family Forum, and the Concerned Women for America.
"We are gratified that the federal court has stepped in to prevent Louisiana from trampling on the free speech rights of its citizens," said Simon Heller, Litigation Director for the Center for Reproductive Rights.
Plaintiffs in Henderson v. Stalder include Russell J. Henderson, Doreen Keeler, Rabbi Robert H. Loewy and the Greater New Orleans Section of the National Council of Jewish Women. Simon Heller and Brigitte Amiri of the Center for Reproductive Rights represent the plaintiffs along with William Rittenberg, an attorney with the firm of Rittenberg and Samuel in New Orleans.
