On July 27, 2021, the U.S. Court of Appeals for the Ninth
Circuit affirmed a summary judgment against claims that certain
promotional activities funded by beef check-off funds amounted to
unconstitutional compelled speech.
Ranchers Cattlemen Action Legal Fund v. Vilsack, No.
20-35453 (9th Cir. July 27, 2021).
Like many U.S. commodity industries, the beef industry is
promoted by a program created by Congress that is financed by an
assessment paid by beef producers on each head of cattle
sold. The assessment is called a
“check-off.” The funds are remitted to an entity
called the Beef Board that, in turn, creates programs to promote
beef. Some of the funds also are disbursed to state bodies,
called qualified state beef councils (QSBC's) that also fund
promotional activities, including directing funds to third parties
for the production of advertisements and other promotional
materials. Memoranda of understanding (MOU's) exist
between the QSBC's and the Secretary
