10th Cir. 11th Am. Abortion Free Speech case

The Tenth Circuit rejected Eleventh Amendment sovereign immunity claims of Oklahoma government officials in a case involving a challenge to the government’s distribution of specialty license plate tax revenues. A group that wanted to obtain money for adoption counseling, while also doing abortion counseling, was denied any share of the tax revenue, based on its abortion counseling. The group filed suit for declaratory and injunctive relief, claiming that its exclusion from the special license plate revenues violated their First Amendment right to freedom of speech. The Tenth Circuit denied the government’s motion to dismiss with an extensive discussion of the Supreme Court’s Eleventh Amendment precedent. Hill v. Kemp, 478 F.3d 1236 (10th Cir. Mar. 6, 2007).

The Tenth Circuit rejected Eleventh Amendment sovereign immunity claims of Oklahoma government officials in a case involving a challenge to the government’s distribution of specialty license plate tax revenues.  A group that wanted to obtain money for adoption counseling, while also doing abortion counseling, was denied any share of the tax revenue, based on its abortion counseling.  The group filed suit for declaratory and injunctive relief, claiming that its exclusion from the special license plate revenues violated their First Amendment right to freedom of speech.  The Tenth Circuit denied the government’s motion to dismiss with an extensive discussion of the Supreme Court’s Eleventh Amendment precedent.  Hill v. Kemp, 2007 WL 666327 (10th Cir. Mar. 6, 2007).