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Court Issues Ruling in Gallo v. Kawamura Lawsuit.


MODESTO, Calif. -- The Superior Court of California, County of Sacramento, issued a ruling in the case of Gallo Cattle Company v. A. G. Kawamura, which challenged the constitutionality of the California Milk Advisory Board, an instrumentality Instrumentality

Notes issued by a federal agency whose obligations are guaranteed by the full-faith-and-credit of the government, even though the agency's responsibilities are not necessarily those of the US government.
 of the California Department of Food & Agriculture.

In his ruling, Justice Raymond M. Cadei concluded, "...the Court finds that the California Milk Advisory Board's advertising and promotional program constitutes the government speech. The Court accordingly finds the CMAB CMAB California Milk Advisory Board
CMAB Clothing Maintenance Allowance, Basic
 program is therefore not subject to the provisions of the free speech clause of Article I of the state Constitution."

"We are very pleased with the Court's decision. This is yet another court ruling upholding the constitutionality of agriculture marketing boards," said Nancy Fletcher, CMAB spokesperson.

Fletcher noted that the court considered the U.S. Supreme Court's May 2005 ruling in Johanns v. Livestock Marketing Association, which dealt with a challenge to the federal beef marketing program. In that case, the U.S. Supreme Court also determined that the program constituted government speech and therefore did not violate the First Amendment.

About the California Milk Advisory Board

The California Milk Advisory Board (CMAB) is an instrumentality of the California Department of Food and Agriculture California Department of Food and Agriculture, which was established in 1919 by the California Legislature,[1] works in partnership with the agricultural industry and other governmental agencies to regulate various aspects dealing with food and agriculture related  funded by the state's more than 2,000 dairy families. Established in 1969, the CMAB is headquartered in Modesto, California Modesto is the county seat of Stanislaus County in the U.S. state of California. As of the 2000 census, the city population was 188,856. Current census estimates place the population at 206,300. , and is one of the largest commodity boards in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . Under the dairy umbrella, the CMAB executes generic advertising, publicity, retail and foodservice promotions and research programs on behalf of California dairy products dairy products dairy nplproduits laitier

dairy products dairy nplMilchprodukte pl, Molkereiprodukte pl 
, including Real California Cheese.
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Publication:Business Wire
Date:Jan 27, 2006
Words:257
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A favorable ruling on commodity marketing boards was issued last month by the Superior Court of California, County of Sacramento.

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