United States Third Circuit

Advertising pursuant to the Dairy Promotion Stabilization Act of 1983 is subject to First Amendment scrutiny. The Act violates the free speech and association rights of plaintiffs, small-scale dairy farmers, by compelling them to subsidize speech with which they disagree; they object to the message that milk is a generic product bearing no distinction based on where and how it is produced.

Appellate Information

• Argued 01/12/2004
• Decided 02/24/2004
• Published 02/24/2004

Judges

• Before SLOVITER, RENDELL and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven M. Simpson (Argued), Institute for Justice, Washington, Walter T. Grabowski, Holland, Grady & Grabowski, Wilkes-Barre, for Appellants.


• For Appellees:
  
• Thomas A. Marino, United States Attorney, Matthew M. Collette (Argued), Douglas N. Letter, Attorneys, Appellate Staff, Department of Justice Washington, for Appellees., Richard T. Rossier (Argued), Alex Mendez, McLeon, Watkinson & Miller, Washington, for Intervenors-Appellees.