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Johanns v. Livestock Marketing Association

Docket No.: 03-1164
Certiorari Granted: 5/24/2004
Argued: December 8, 2004
Decided: May 23, 2005
Consolidated with: 03-1165

Topics:

Amendment 1: Speech, Press, and Assembly, First Amendment, Appropriations Clause, Civil Procedure, First Amendment, Fourth Amendment, Free Exercise, Social Security Act, copyright, immigration, preliminary injunction, privacy, probable cause, public schools, qualified immunity, trademark

PartyNames: Mike Johanns, Secretary of Agriculture, et al. v. Livestock Marketing Association, et al.
Petitioner: Mike Johanns, Secretary of Agriculture, et al.
Respondent: Livestock Marketing Association, et al.

Court Below: United States Court of Appeals for the Eighth Circuit
Citation: 335 F3d 711
Supreme Court Docket

Mike Johanns, Secretary of Agriculture, et al.
v.
Livestock Marketing Association, et al.
544 U.S. 550 (2005)
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. Whether the Beef Promotion and Research Act of 1985 (Beef Act), 7 U.S.C. 2901 et seq., and the implementing Beef Promotion and Research Order (Beef Order), 7 C.F.R. Part 1260, violate the First Amendment insofar as they require cattle producers to pay assessments to fund generic advertising with which they disagree. 2. Whether the district court erred in issuing a nation-wide injunction against the collection of all assessments under the Beef Act, including those from cattle producers who support the generic advertising and those used to fund activities other than generic advertising.

Question:

Does the Beef Promotion and Research Act of 1985 (Beef Act) violate the First Amendment by requiring cattle producers to pay to fund advertising with which they disagree?

Johanns v. Livestock Marketing Association
ORAL ARGUMENT

December 8, 2004

Holding: vacated and remanded
Decision: Decision: 6 votes for Johanns, 3 vote(s) against
Vote: 6-3
Opinion By: Justice Antonin Scalia
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