California Court of Appeal

In case involving milk production assessments used in part to fund the "Real California Cheese" advertising campaign, judgment denying relief is affirmed over claims that: 1) Johanns v. Livestock Marketing Ass'n., 544 U.S. 550 (2005), should not be adopted as the measure of the California Constitution's free speech right; and 2) in any event, plaintiff's claim should be distinguished and upheld because it is compelled by economic necessity to use the Real California Cheese certification seal on its cheese packages and thus, to voice the government speech to which it objects.

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

• BUTZ, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• McCormick, Barstow, Sheppard, Wayte & Carruth, Marshall C. Whitney, Fresno;  and Brian C. Leighton, Clovis, for Plaintiff and Appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Janet Gaard, Acting Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Ellen M. Peter and Daniel M. Fuchs, Deputy Attorneys General;  Linda Berg Gandara;  and William A. Wineberg, San Francisco, for Defendant and Respondent.