Shannon P. Duffy reports in The Legal Intelligencer:
In the 3rd Circuit case, Children First’s lawyer, Jeffrey A. Shafer of the Alliance Defense Fund in Washington, D.C., will be arguing that U.S. District Judge Joel A. Pisano erred by failing to recognize that New Jersey law allows nonprofit groups to put logos on specialty plates and that Children First was singled out because of the content of its logo . . .
“Because a valid claim for viewpoint discrimination is not dependent on the demonstration of any particular kind of forum, a forum category analysis is irrelevant,” Shafer wrote. ” … It is clearly established law that viewpoint discrimination is impermissible in any forum.”
