Johanns v. Livestock Marketing Association (2005)
Writing for the majority, Justice Antonin Scalia reasoned that the government had a First Amendment right to promote its own message regarding beef. “The message set out in the beef promotions is from beginning to end the message established by the Federal Government,” he wrote. “When, as here, the government sets the overall message to be communicated, and approves every word that is disseminated, it is not precluded from relying on the government speech doctrine merely because it solicits assistance from nongovernmental sources in developing specific messages.”
In the main dissent, Justice David H. Souter, joined by Justices Anthony M. Kennedy and John Paul Stevens, wrote that “if government relies on the government speech doctrine to compel specific groups to fund speech with targeted taxes, it must make itself politically accountable by indicating that the content actually is a government message, not just the statement of one self-interested group the government is currently willing to invest with power.”
More info:
What Farm Subsidies Are and Why They Matter, Explained
The Real Cost of Meat [14:14]
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