"Delano Farms Company, the Susan Neill Company, and Lucas Brothers Partnership had sued over the mandatory assessments to pay for generic advertising, contending that it violated the First Amendment."
The trial court and appellate court, however, ruled against the petitioners. The Court of Appeals stated that the "Commission's promotional activities constitute government speech that is immune to challenge under the First Amendment."
Commission president, Kathleen Nave, said that "the majority of California's fresh grape farmers have looked to the commission to help increase demand for their product."
To read the full text of the Ninth Circuit Court of Appeals Opinion, click here.
To read the Central Valley Business Times story, click here.
Posted: 10/06/2010
