Johanns v. Livestock Marketing Association, 544 U.S. 550 (2005), is a First Amendment case of the Supreme Court of the United States. At issue was whether a beef producer could be compelled to contribute to beef industry advertising.[1]
Congress charters commodity checkoff programs compelling all producers of certain commodities to contribute to common research and advertising programs. The beef industry is covered by the Beef Promotion and Research Act (1985). Cattle producers disagreeing with the fee and represented by the Livestock Marketing Association sued the Department of Agriculture (USDA) in federal district court. The respondents alleged the government-required fee for advertising was compelled speech and violated their First Amendment right to free speech. The USDA argued the advertising was government speech immune from First Amendment challenge.
In a parallel petition (No. 03–1165), the Nebraska Cattlemen sided with the USDA and sued the Livestock Marketing Association. At the Supreme Court, the two cases were consolidated.
Court decisionedit
The Supreme Court's decision was announced on May 23, 2005, and delivered by Justice Antonin Scalia. The decision was 6–3 in favor of the USDA's position. Check-offs would continue. Advertising by these industry groups was government speech, therefore there was no infringement of First Amendment rights.
The Cattlemen's Beef Board (CBB) and USDA oversee the collection and spending of checkoff funds. Additionally, all producers selling cattle or calves, for any reason and regardless of age or sex, must pay $1-per-head. The buyer generally is responsible for collecting $1-per-head from the seller, but both are responsible for seeing that the dollar is collected and paid.[4]
^Johanns v. Livestock Marketing Association, 544U.S. 550 (2005).
^Livestock Marketing Association v. USDA, 335 F.3d 711 (8th Cir. 2003).
^Flynn, Dan (Oct 10, 2016). "Beef Checkoff goes on the griddle Tuesday in Montana". Food Safety News. Retrieved 31 August 2017.
^"About the Beef Checkoff Program". Beef Checkoff. Retrieved 2020-09-20.
External linksedit
Text of Johanns v. Livestock Marketing Association, 544U.S. 550 (2005) is available from:CornellCourtListenerGoogle ScholarJustiaOyez (oral argument audio)
johanns, livestock, marketing, association, 2005, first, amendment, case, supreme, court, united, states, issue, whether, beef, producer, could, compelled, contribute, beef, industry, advertising, supreme, court, united, statesargued, december, 2004decided, 20. Johanns v Livestock Marketing Association 544 U S 550 2005 is a First Amendment case of the Supreme Court of the United States At issue was whether a beef producer could be compelled to contribute to beef industry advertising 1 Johanns v Livestock Marketing AssociationSupreme Court of the United StatesArgued December 8 2004Decided May 23 2005Full case nameMike Johanns Secretary of Agriculture et alv Livestock Marketing Association et al Docket no 03 1164Citations544 U S 550 more 125 S Ct 2055 161 L Ed 2d 896 2005 U S LEXIS 4343ArgumentOral argumentCase historyPriorJudgment for Respondents 207 F Supp 2d 992 D S D 2002 affirmed 335 F 3d 711 8th Cir 2003 cert granted 541 U S 1062 2004 HoldingCheck offs fund government speech the government cannot be sued under the First AmendmentCourt membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionsMajorityScalia joined by Rehnquist O Connor Thomas BreyerConcurrenceThomasConcurrenceBreyerConcurrenceGinsburgDissentSouter joined by Stevens KennedyDissentKennedyLaws appliedU S Const amend I Contents 1 Facts and prior history 2 Court decision 3 Case revisited 4 See also 5 References 6 External linksFacts and prior history editCongress charters commodity checkoff programs compelling all producers of certain commodities to contribute to common research and advertising programs The beef industry is covered by the Beef Promotion and Research Act 1985 Cattle producers disagreeing with the fee and represented by the Livestock Marketing Association sued the Department of Agriculture USDA in federal district court The respondents alleged the government required fee for advertising was compelled speech and violated their First Amendment right to free speech The USDA argued the advertising was government speech immune from First Amendment challenge The district court and the Eighth Circuit Court of Appeals had found for the Livestock Marketing Association previously ruling that the program violated the First Amendment and that the advertising was compelled and not government speech 2 In a parallel petition No 03 1165 the Nebraska Cattlemen sided with the USDA and sued the Livestock Marketing Association At the Supreme Court the two cases were consolidated Court decision editThe Supreme Court s decision was announced on May 23 2005 and delivered by Justice Antonin Scalia The decision was 6 3 in favor of the USDA s position Check offs would continue Advertising by these industry groups was government speech therefore there was no infringement of First Amendment rights Case revisited editThe case is starting another trip through the courts starting in Montana with Ranchers Cattlemen Action Legal Fund v Sonny Perdue 3 The Cattlemen s Beef Board CBB and USDA oversee the collection and spending of checkoff funds Additionally all producers selling cattle or calves for any reason and regardless of age or sex must pay 1 per head The buyer generally is responsible for collecting 1 per head from the seller but both are responsible for seeing that the dollar is collected and paid 4 See also editList of United States Supreme Court cases by the Rehnquist Court List of United States Supreme Court cases involving the First AmendmentReferences edit Johanns v Livestock Marketing Association 544 U S 550 2005 Livestock Marketing Association v USDA 335 F 3d 711 8th Cir 2003 Flynn Dan Oct 10 2016 Beef Checkoff goes on the griddle Tuesday in Montana Food Safety News Retrieved 31 August 2017 About the Beef Checkoff Program Beef Checkoff Retrieved 2020 09 20 External links editText of Johanns v Livestock Marketing Association 544 U S 550 2005 is available from Cornell CourtListener Google Scholar Justia Oyez oral argument audio Portals nbsp Agriculture nbsp Freedom of speech nbsp Law nbsp United States Retrieved from https en wikipedia org w index php title Johanns v Livestock Marketing Association amp oldid 1166782067, wikipedia, wiki, book, books, library,
