Forced participation in pistachio advertising not 1st amendment violation
In Paramount Land Co. v. California Pistachio Commission, the Ninth Circuit vacated an injunction issued to prevent the collection of subsidies from pistachio growers. The Court held that the growers had failed to make a sufficient showing of a likelihood of success in its claim that the subsidy was unconstitutional. The subsidy is collected from pistachio producers and importers, and used to pay for the budget of the Pistachio commission, including its advertising campaign dedicated to increasing sales of California pistachios. The Court held that the pistachio advertising is the government’s own speech, and therefore, exempt from first amendment requirements.
