3rd Circuit: No Qualified Immunity In Suit Challenging Refusal To Issue "Choose Life" Plates

Children First Foundation, Inc. v. Legreide, (3d Cir., April 9, 2010), is a challenge to New Jersey's rejection of an application for the issuance of "Choose Life" license plates under the statute that permits issuance of special plates to members of non-profit groups. The trial court dismissed the complaint finding that defendants had qualified immunity. The U.S. 3rd Circuit Court of Appeals reversed and remanded, holding that here it is alleged that defendants engaged in viewpoint discrimination in rejecting the proposed plates. The ban on regulation based on the viewpoint or ideology of the speaker is clearly established. AP (via First Amendment Center) reported on the decision.