California Court of Appeal

Plaintiffs challenge the constitutionality of the statutory scheme that establishes defendant California Table Grape Commission and that requires table grape growers and packers to fund the Commission's promotional activities. Plaintiffs contend that being compelled to fund the Commission's generic advertising violates their rights to free speech, free association, due process, liberty, and privacy under the California Constitution. Summary judgment in defendant's favor is affirmed, where: 1) defendant is a "governmental entity" and thus its speech is government speech that can be funded with compelled assessments; and 2) defendant's promotional activities constitute government speech.

Appellate Information

• Decided 04/06/2015
• Published 04/06/2015

Judges

• Levy

Court

• California Court of Appeal

Counsel