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COCHRAN v. VENEMAN

No. 03-2522.

359 F.3d 263 (2004)

Joseph S. COCHRAN; Brenda S. Cochran, Appellants v. Ann VENEMAN, Secretary, U.S. Department of Agriculture; National Dairy Promotion Board Appellees and Fred Lovell; Lee Greenwalt; Jackie Root; Earnest Norman; Stephen Mashall; Cecil Moyer; James Vanblarcom Intervenors-Appellees.

United States Court of Appeals, Third Circuit.

Filed: February 24, 2004.

Attorney(s) appearing for the Case

Steven M. Simpson (Argued), Institute for Justice, Washington, Walter T. Grabowski, Holland, Grady & Grabowski, Wilkes-Barre, for Appellants.

Thomas A. Marino, United States Attorney, Matthew M. Collette (Argued), Douglas N. Letter, Attorneys, Appellate Staff, Department of Justice Washington, for Appellees.

Richard T. Rossier (Argued), Alex Mendez, McLeon, Watkinson & Miller, Washington, for Intervenors-Appellees.

Before: SLOVITER, RENDELL and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The American public is very familiar with the "Got Milk? ®" ads on television and in the print media.

This appeal requires us to decide whether a federal statute may compel a small dairy farm in Pennsylvania to help pay for the white-mustache milk advertisements and other dairy promotions. Implicated here are general First Amendment precepts that protect the right to refrain from speaking and the...

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