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A favorable ruling on commodity marketing boards was issued last month by the Superior Court of California, County of Sacramento.

A favorable ruling on commodity marketing boards was issued last month by the Superior Court of California, County of Sacramento. In the case of Gallo Cattle Company v. A.G. Kawamura which had challenged the constitutionality of the California Milk Advisory Board (CMAB).

In the ruling, Justice Raymond Cadei concluded, "... the Court finds that the CMAB advertising and promotional program constitutes the government speech. The Court accordingly finds the CMAB program is therefore not subject to the provisions of the free speech clause of the state Constitution."

CMAB spokesperson Nancy Fletcher noted that the court considered the U.S. Supreme Court's May 2005 ruling in Johanns v. Livestock Marketing Association. In that case, the Supreme Court also determined that the program constituted government speech and therefore did not violate the First Amendment.
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Title Annotation:ASSOCIATION / MEDIA NEWS
Publication:Agri Marketing
Date:Mar 1, 2006
Words:132
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