Abstract
Johanns v Livestock Marketing Association addressed whether regulated parties can be compelled by law to contribute to generic industry messages. In 1985, US Congress established a federal policy to promote beef products under the Beef Promotion and Research Act. Pursuant to the Act, the United States Department of Agriculture (USDA) requires cattle producers and importers to pay a fee on each head of cattle sold. The Livestock marketing Association represents hundreds of livestock auction marketers. It challenged the fees on the basis of the First Amendment free speech rights of its members. The Court's conclusion that the beef ads are government speech was based on the Beef Act statutory scheme that established: 1. the general terms of the promotions, 2. the Secretary of Agriculture's control over the Board, and 3. the Secretary's "absolute veto power" over advertising proposals. Livestock Marketing reveals that the government can tap into significant private resources to fund these promotions without regard to the free speech rights of dissenters.