On April 20, 2020, we blogged about the legal challenge to Montana’s requirement that sellers of cattle must contribute $1.00 per head to Montana’s Beef Council to fund advertisements for beef. Many sellers would prefer to keep the money and spend it on their own forms of advertising.
As we explained in the previous post, the legitimacy of this requirement depends on whether the government has control over the content of the advertising. If it does, courts treat the speech as the government’s and there is no First Amendment issue. If government does not control the content of the advertising, the requirement constitutes compelled speech, which the First Amendment prohibits.
Continue Reading Update on Cattle Checkoff