The 9th Circuit validated mandatory assessments levied by the California Table Grape Commission. The assessments were used to fund generic advertising campaigns. Delano Farms challenged assessments on First Amendment grounds. Citing Johanns v. Livestock Mktg. Ass'n, 544 U.S. 550 (U.S. 2005) and Paramount Land Co. LP v. Cal. Pistachio Comm'n, 491 F.3d 1003 (9th Cir. Cal. 2007), the Court recognized the Commission's activities as government speech that is immune to challenge under, and unencumbered by the bounds of, the First Amendment. The Court acknowledged that the Commission is itself a government entity and acknowledged the Commission's message as "effectively controlled" by the state. Johanns, 544 U.S. at 560-561.
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