May 23, 2005

Where's the Beef?

For those of you who eat beef, the U.S. Supreme Court issued an important decision concerning a beef that arose between cattlemen and the government in the case of Johanns, Sec'y of Agriculture vs. Livestock Marketing Association. Here is the official summary:

The Beef Promotion and Research Act of 1985 (Beef Act) establishes a federal policy of promoting and marketing beef and beef products. The Secretary of Agriculture has implemented the Act through a Beef Promotion and Research Order (Order), which creates a Cattlemen's Beef Promotion and Research Board (Beef Board) and an Operating Committee, and imposes an assessment, or "checkoff," on all sales and importation of cattle. The assessment funds, among other things, beef promotional campaigns approved by the Operating Committee and the Secretary. Respondents, associations whose members pay the checkoff and individuals whose cattle are subject to the checkoff, challenged the program on First Amendment grounds, relying on United States v. United Foods, Inc., 533 U. S. 405, in which this Court invalidated a mandatory checkoff that funded mushroom advertising. The District Court found that the Beef Act and Order unconstitutionally compel respondents to subsidize speech to which they object. Affirming, the Eighth Circuit held that compelled funding of speech may violate the First Amendment even when it is the government's speech.

Held: Because the beef checkoff funds the Government's own speech, it is not susceptible to a First Amendment compelled-subsidy challenge.

I can't wait to read the whole opinion!! I'm so excited!!

Posted by Bill at May 23, 2005 07:07 PM
Comments

I'll send you the (new) European constitution in French for dessert if you like.

Posted by: Anji at May 24, 2005 01:34 AM

one small step for steaks, one giant leap for cow-kind.

Posted by: tj at May 24, 2005 06:10 AM

Dude, the next time you put something like that up I'm gonna blog slap you!


My head hurts now from reading that!

Posted by: Jeff A at May 24, 2005 06:30 AM

Does that mean we will see more of those wonderful "Chik-fuh-lay" billboards with the clever cows who took acting lessons from Wiley Coyote, he who suffers from the affliction of overzealousness?

Posted by: Cowtown Pattie at May 24, 2005 11:23 AM

Now, now, Bill.....don't be messing with the beef industry. Sacred cow, and all that....

Posted by: lucy at May 25, 2005 11:31 AM