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Children First Foundation, Inc. v. Fiala

Citations: 790 F.3d 328; 2015 U.S. App. LEXIS 8485; 2015 WL 2444501Docket: Docket No. 11-5199-cv

Court: Court of Appeals for the Second Circuit; May 22, 2015; Federal Appellate Court

Narrative Opinion Summary

The case involves a dispute between the New York Department of Motor Vehicles (DMV) and the Children First Foundation, Inc. (CFF) concerning the rejection of a custom license plate application with the message 'Choose Life,' intended to promote adoption. The DMV denied the application citing a policy against controversial or politically sensitive messages for highway safety. The United States District Court for the Northern District of New York ruled in favor of CFF, stating that the DMV violated the First Amendment by allowing excessive discretion to the DMV Commissioner, rendering the licensing program unconstitutional. On appeal, the appellate court reversed this decision, concluding that the custom plate program was a nonpublic forum. It ruled that the DMV's restrictions were reasonable and viewpoint neutral, and the program did not confer unbridled discretion upon the Commissioner. Consequently, the appellate court remanded the case to enter judgment in favor of the DMV, upholding the rejection of the 'Choose Life' license plate under the established policy.

Legal Issues Addressed

Controversial or Politically Sensitive Speech

Application: The DMV rejected the 'Choose Life' plate application citing a policy against controversial or politically sensitive messages, which the appellate court found to be a reasonable restriction in a nonpublic forum.

Reasoning: The DMV rejected this application based on a policy that prohibits controversial or politically sensitive messages for highway safety reasons.

Discretion of Government Agencies

Application: The court ruled that the DMV's program did not grant unbridled discretion to the Commissioner, as the application process was applied in a reasonable and viewpoint neutral manner.

Reasoning: The court held that the DMV's program did not confer unbridled discretion to the Commissioner regarding plate approvals.

First Amendment Rights in Nonpublic Forums

Application: The appellate court determined that the custom license plate program constituted a nonpublic forum, where the DMV's restrictions were deemed reasonable and viewpoint neutral, thus not violating First Amendment rights.

Reasoning: The content of the custom plates represents private speech within a nonpublic forum.