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PELTS & SKINS, LLC v. LANDRENEAU

No. 03-30523.

448 F.3d 743 (2006)

PELTS & SKINS, LLC, Plaintiff-Appellee, v. William Dwight LANDRENEAU, Secretary for the Department of Wildlife and Fisheries, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 2006.

Attorney(s) appearing for the Case

Alex J. Peragine (argued), Covington, LA, for Plaintiff-Appellee.

C. Berwick Duval, II (argued), Stanwood Robert Duval, Duval, Funderburk, Sundbery, Lovell & Watkins, Houma, LA, for Landreneau.

Before KING, BENAVIDES and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

Our previous opinion in this case held that Louisiana's alligator marketing program created an unconstitutional compelled subsidy for private speech. Since then, the United States Supreme Court issued an opinion clarifying when marketing programs like the one at issue are government speech exempt from First Amendment scrutiny. See Johanns v. Livestock Mktg., Assoc., 544 U.S. 550, 125 S.Ct. 2055, 2063...

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