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Politics : Politics for Pros- moderated

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From: LindyBill	5/23/2005 5:30:03 PM
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This is why we need more libertarian judges. Top court allows beef promotion program Mon May 23, 2005 10:56 AM ET WASHINGTON (Reuters) - A divided U.S. Supreme Court ruled on Monday that the federal government can have cattle ranchers pay for an industry marketing program, known for its "Beef, It's What's for Dinner" advertisements. By a 6-3 vote, the high court handed a victory to the government. It said the generic advertising at issue is the government's own speech and therefore exempt from the First Amendment free-speech challenge that had been brought. The U.S. Agriculture Department operates a number of promotion programs for commodities such as beef, pork, eggs, milk and cotton. Producers of the commodities must contribute to funds that pay for programs that encourage consumption. The ruling in the beef case could affect similar cases pending before the Supreme Court on the pork checkoff program known for "Pork: The Other White Meat" campaign; the "Got Milk?" dairy advertisements with milk mustaches on celebrity faces; and a state-run program promoting alligator products. Critics argued the programs fund activities that favor large corporate producers and violated free-speech rights of individual farmers who do not want to participate and who have to pay for advertisements with which they disagree. Supporters of the beef program, adopted as part of a 1985 law, said it has been essential to boost consumer demand for steaks, roasts and other beef cuts. The beef promotion program raises more than $80 million a year by requiring American farmers to contribute $1 per animal from their cattle sales. In addition to television and magazine ads, the program pays for research and consumer education. The high court set aside a U.S. appeals court ruling that the beef checkoff program violated ranchers' free-speech speech rights and should be ended. Justice Antonin Scalia said the message is effectively controlled by the federal government. He said the agriculture secretary has final approval authority over every word in every promotional campaign. The Livestock Marketing Association brought the lawsuit challenging the beef program. Scalia rejected its argument that the speech at issue was controlled by nongovernmental entities. A number of cattle and agricultural associations and states supported the government in defending the program. Justices John Paul Stevens, Anthony Kennedy and David Souter dissented.

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