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ARTICLE · 30 JULY 2021

This Week At The Ninth: Beef Speech And Presumptive Plaintiffs

Morrison Foerster
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This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements...

United StatesLitigation, Mediation & Arbitration
James R. Sigel
James R. Sigel
Lena H. Hughes
Lena H. Hughes
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This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities Litigation Reform Act.

RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA v. VILSACK

The Court holds that mandatory assessments on cattle sales imposed by the Beef Promotion and Research Act of 1985 ("Beef Act"), which are used to fund advertisements by third parties for beef products, are exempt from First Amendment scrutiny as government speech.

The Panel: Judges Wardlaw, Tallman, and Hurwitz, with Judge Hurwitz writing the opinion.

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