Beef Checkoff Upheld

May 23, 2005 — AASV Staff

The United States Supreme Court has held as follows: "Because the beef checkoff funds the Government's own speech, it is not susceptible to a First Amendment compelled-subsidy challenge." In other words, the Beef checkoff -- and, presumably, similar programs such as the Pork checkoff -- can remain in place.

This ruling applies only to the First Amendment (freedom of speech) argument against the Beef Act and Beef Order. The Livestock Marketing Association had made other claims against the checkoff program which have not yet been decided and could be considered in the future.

A preliminary PDF of the decision (including concurring and dissenting opinions) is available at http://www.supremecourtus.gov/opinions/04slipopinion.html -- click on the title of the case, Johanns v. Livestock Marketing Assn. For background, see http://www.aasv.org/news/story.php?id=1230

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David Brown