WHO: ADF Senior Legal Counsel Jeff Shafer
WHAT: Available to media after hearing in The Children First Foundation v. Legreide
WHEN: Tuesday, April 14, immediately following hearing, which begins at 10 a.m. EDT
WHERE: U.S. Court of Appeals for the 3rd Circuit, 21400 U.S. Courthouse, 601 Market St., Philadelphia
PHILADELPHIA — Alliance Defense Fund Senior Legal Counsel Jeff Shafer will be available for media interviews immediately following his oral arguments Tuesday in The Children First Foundation v. Legreide before the U.S. Court of Appeals for the 3rd Circuit. ADF attorneys filed the lawsuit on behalf of the pro-adoption Children First Foundation against the New Jersey Motor Vehicle Commission for repeatedly refusing to grant its application to run specialty plates with the “Choose Life” slogan. The suit alleges that the commission’s denials constitute unconstitutional viewpoint discrimination.
“A pro-adoption organization shouldn’t be censored just because certain government officials don’t share its viewpoint,” said Shafer. “This is private speech, not government speech. State officials step into unconstitutional territory when they reject specialty plate messages that depart from their own viewpoint preferences.”
In May 2004, ADF attorneys filed suit after New Jersey officials rejected The Children First Foundation’s plates because its “Choose Life” slogan was declared to be too “controversial” and “political.” The officials later attempted to amend their censorship justification, saying the plate was rejected because it contained “advocacy.” But as the suit points out, the New Jersey special plate program was designed for advocacy, and the NJMVC has approved specialty plates for other organizations that present advocacy messages. The court refused to dismiss the lawsuit against the state’s unconstitutional license plate policy in March 2005. A new judge assigned to the case dismissed it in June 2008, resulting in the current appeal.
ADF-allied attorney Demetrios Stratis is serving as local counsel in the lawsuit, which was filed with the U.S. District Court for the District of New Jersey.
On March 26, the U.S. Court of Appeals for the 8th Circuit cleared the way for the full approval of “Choose Life” specialty license plates in Missouri. In November of last year, a federal court ordered the Arizona License Plate Commission to approve a “Choose Life” plate in that state. In both cases, the “Choose Life” plates were singled out for denial even though the specialty plates of other organizations had been approved.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.