Johanns v. Livestock Mktg. Ass'n

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In Johanns v. Livestock Mktg. Ass'n, 544 U.S. 550 (2005), a 6-3 U.S. Supreme Court rejected a First Amendment challenge to a government beef program that specifically taxed an industry to fund advertisements with which some members of the industry disagreed. The advertisements stated "Where's the beef?" Five Justices, led by Justice Antonin Scalia (who wrote the decision), held that there is no First Amendment right not to fund government speech. Justice Stephen Breyer reluctantly agreed, but would have preferred to decide the case merely as a lawful economic regulation. Justice Ruth Bader Ginsburg agreed with the result solely on the grounds of upholding an economic regulation.

Justices John Paul Stevens, Anthony Kennedy and David Souter dissented.