(DOWNLOAD) "Johanns V. Livestock Marketing Association - Government Speech: It's What's for Dinner!" by South Dakota Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Johanns V. Livestock Marketing Association - Government Speech: It's What's for Dinner!
- Author : South Dakota Law Review
- Release Date : January 22, 2008
- Genre: Education,Books,Professional & Technical,
- Pages : * pages
- Size : 300 KB
Description
In Johanns v. Livestock Marketing Assn, the United States Supreme Court upheld the beef checkoff program and effectively broadened the government speech doctrine. In a 6-3 decision, the Court held that the generic beef advertising program at issue was the government's own speech and therefore was exempt from the standard First Amendment scrutiny, regardless of any imposition on the beef producers' freedom of speech. The Court's decision allows the government to overrun citizens' freedom of speech simply by invoking the government speech defense without using any type of balancing or germaneness test. Although the Court's decision in Johanns gave lip service to requiring political accountability of the government before allowing it to invoke the government speech defense, true political accountability in Johanns was tenuous at best. The Court missed an opportunity to set outer boundaries to the government speech doctrine and will likely be revisiting this doctrine again in the near future. I. INTRODUCTION