Glickman v. Wileman Brothers & Elliott, Inc.

521 U.S. 457 (1997)

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Glickman v. Wileman Brothers & Elliott, Inc.

United States Supreme Court
521 U.S. 457 (1997)

Facts

Wileman Brothers & Elliott, Inc., a large producer of California tree fruits, along with 15 other handlers, (plaintiffs) challenged the generic advertising provisions of the Agricultural Marketing Agreement Act of 1937 that forced them to pay for advertisements promoting California tree fruits as “wholesome, delicious, and attractive to discerning shoppers.” The tree-fruit handlers alleged that the generic advertising provisions violated their First Amendment rights, and they disagreed with the content of some of the advertisements. The district court ruled against them, but the circuit court of appeals ruled for them, concluding that the generic advertising provisions were unconstitutional. Specifically, the circuit court of appeals found that the government had failed to prove that the generic advertising was more effective than individual advertising in increasing consumer demand for the California nectarines, plums, and peaches.

Rule of Law

Issue

Holding and Reasoning (Stevens, J.)

Dissent (Souter, J.)

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