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DELANO FARMS CO. v. CALIFORNIA TABLE GRAPE COM'N

No. 08-16233.

586 F.3d 1219 (2009)

DELANO FARMS COMPANY, a Washington corporation; The Susan Neill Company, a California corporation; Lucas Bros Partnerhship, a California partnership, Plaintiffs-Appellants, v. CALIFORNIA TABLE GRAPE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2009.

Attorney(s) appearing for the Case

Brian C. Leighton (argued), Clovis, CA, for the appellants.

Robert D. Wilkinson and Kendall L. Manock, Baker, Manock & Jensen, Fresno, CA, for the appellee.

Seth P. Waxman, Randolph D. Moss (argued), Todd C. Zubler, Brian M. Boynton, and Amy Oberdorfer Nyberg, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for the appellee.

Opinion by Judge MCKEOWN; Concurrence by Judge REINHARDT.

McKEOWN, Circuit Judge:

We are again faced with the question whether a state statutory scheme requiring growers to fund generic advertising for promotion of an agricultural product violates the First Amendment. Here, we consider the case of compelled assessments on California table grape1 growers, levied through the California Table Grape Commission (the "Commission"). Specifically, we address whether this generic advertising scheme is...

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