Glickman v. Wileman Brothers & Elliott, Inc

521 U.S. 457 (1997)

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Nature of the Case

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Facts

The Secretary of Agriculture promulgated marketing orders that forced producers to pay for generic advertising on California nectarines, plums, and peaches. These marketing orders were authorized by the AMAA of 1937 and must be approved by 2/3rds of the affected producers who market at least 2/3rds of the volume of the commodity. The orders were implemented by committees composed of producers and handlers appointed by the Secretary. Wileman (P) was a large producer of these fruits who filed a petition challenging the generic advertising regulations. The challenge was rejected, and P then filed an action in District Court, D prevailed in that action. D won an assessment of $3.1 million against P. In the Court of Appeals, P challenged the provisions as violative of First Amendment rights. The Court of Appeals agreed with P and D appealed. The Supreme Court granted certiorari.