Glickman v. Wileman Brothers & Elliott, Inc. (1996)
- Docket
- 95-1184
- Decided
- 1996-01-01
Summary
Question: Did the AMAA's assessments on product advertising and promotion violate of the First Amendment's freedom of speech protections? Conclusion: No. Exempting its financial regulations from the heightened review standard appropriate in most First Amendment issues, the Court's 5-to-4 decision held that just because the AMAA's economic regulations may indirectly result in the reduction of the complaining parties' advertising budgets, they did not violate their free speech. The relevant assessments did not force the growers, handlers, or processors to repeat unsuccessful ads, to respond to negative ads when they preferred to remain silent, or to be publicly identified with messages other than their own. All the AMAA required of these parties were contributions for ad campaigns which were ultimately aimed at promoting their own welfare by encouraging customers to buy their products.