United States Third Circuit

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COCHRAN v. VENEMAN, 03-2522

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.
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