{
  "id": "RL32957",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32957",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 315663,
      "date": "2006-06-09",
      "retrieved": "2016-04-07T19:00:41.747029",
      "title": "Farm Product \"Check-off\" Programs: A Constitutional Analysis",
      "summary": "For decades, Congress has enacted laws authorizing generic promotion programs for a number\nof\nfarm products to increase overall demand and consumption of the agricultural product. These\ngeneric promotion programs, commonly known as \"check-off\" programs, are funded through the\npayment of mandatory assessments imposed on the amount of product that a covered party sells,\nproduces, or imports. Some producers have opposed the use of generic advertisements and have\nbrought First Amendment challenges in court. Generally, these parties claim that they should not\nbe required to pay for advertisements (i.e., speech ) with which they disagree. \n The Supreme Court has ruled on the constitutionality of check-off programs three times in the\nlast eight years, the most recent of which occurred in May 2005. The Court's first two attempts at\naddressing First Amendment challenges to check-off programs resulted in contrasting outcomes and\nsome confusion for lower courts. In  Johanns v. Livestock Marketing Association , the\nSupreme\nCourt's third and most recent decision concerning a check-off program (beef), the Court ruled that\nthe generic advertising under the program was the government's own speech, and was therefore not\nsusceptible to the First Amendment challenge before it. The Supreme Court's decision was based\non grounds that had not been previously addressed by the Court in the earlier check-off cases and\nmay have far-reaching effects. For example, three circuit court rulings that invalidated other\ncheck-off programs have already been vacated by the Court for reconsideration in light of\n Johanns .\n This report begins with a brief introduction to check-off programs and then describes many of\nthe First Amendment principles that have been discussed in check-off cases. Next is an analysis of\nthe first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent\nlower court decisions. This report concludes with a discussion of  Johanns v. Livestock\nMarketing\nAssociation  and its possible implications for check-off programs. This report will be updated\nas\nwarranted.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs9116/",
      "id": "RL32957_2005Jun21",
      "date": "2005-06-21",
      "retrieved": "2006-08-10T15:19:02",
      "title": "Farm Product \"Check-Off\" Programs: A Constitutional Analysis",
      "summary": "This report begins with a brief introduction to check-off programs and then\r\ndescribes many of the First Amendment principles that have been discussed in checkoff cases. Next is an analysis of the first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent lower court decisions. This report concludes with a discussion of Johanns v. Livestock Marketing Association and its possible implications for check-off programs.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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          "filename": "files/20050621_RL32957_919c07887fb17bbfff3f5eb8a856b56ba21d26e1.pdf"
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        {
          "format": "HTML",
          "filename": "files/20050621_RL32957_919c07887fb17bbfff3f5eb8a856b56ba21d26e1.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Communications",
          "name": "Communications"
        },
        {
          "source": "LIV",
          "id": "Marketing of farm produce",
          "name": "Marketing of farm produce"
        },
        {
          "source": "LIV",
          "id": "Supreme Court decisions",
          "name": "Supreme Court decisions"
        },
        {
          "source": "LIV",
          "id": "Constitution - U.S.",
          "name": "Constitution - U.S."
        },
        {
          "source": "LIV",
          "id": "Agricultural industries",
          "name": "Agricultural industries"
        },
        {
          "source": "LIV",
          "id": "Advertising",
          "name": "Advertising"
        },
        {
          "source": "LIV",
          "id": "Law",
          "name": "Law"
        },
        {
          "source": "LIV",
          "id": "Constitution",
          "name": "Constitution"
        },
        {
          "source": "LIV",
          "id": "Agriculture",
          "name": "Agriculture"
        },
        {
          "source": "LIV",
          "id": "Consumers",
          "name": "Consumers"
        }
      ]
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}