Delano Farms Co. v. Cal. Table Grape Comm'n, No. 08-16233

In a First Amendment challenge to a state statutory scheme requiring grape growers to fund generic advertising, summary judgment for defendant is affirmed where the state agricultural commission's promotional activities constituted government speech that was immune to challenge under the First Amendment.

Read Delano Farms Co. v. Cal. Table Grape Comm'n, No. 08-16233

Appellate Information

Argued and Submitted April 15, 2009

Filed November 20, 2009

Judges

Opinion by Judge McKeown

Concurrence by Judge Reinhardt

Counsel

For Appellants:

Brian C. Leighton, Clovis, CA

For Appellee:

Robert D. Wilkinson and Kendall L. Manock, Baker, Manock & Jensen, Fresno, California, for the appellee.