6th Circuit Upholds Pro-Life License Plates

Yesterday, in ACLU of Tennessee v. Bredesen (6th Cir., March 17, 2006), the U.S. Sixth Circuit Court of Appeals in a 2-1 decision rejected a free expression challenge to Tennessee's sale of specialty license plates bearing the inscription "Choose Life". Individuals are not required to purchase this version of the plates. The majority held that the pro-life message was government speech not subject to requirements of viewpoint neutrality. The Louisville Courier-Journal today assessed reaction to the decision. The decision did not deal with the question of whether license plates carrying explicitly religious symbols-- like that proposed recently in Tennessee-- would violate the Establishment Clause.