Summary of a Recent
Judicial
Development in
Checkoff Decisions
Citrus Assessment Violates First Amendment
Jillian HishawNational AgLaw Center Graduate Assistant
In Department of Citrus v. Graves Brothers Co., 889 So.2d 831 (Fla. Dist. Ct. App. 2004), quashed by Florida Dep't of Citrus v. Graves Bros. Co., Table, No. SC05-237 (Fla. Sept. 8, 2005), the Florida District Court of Appeals affirmed a decision that declared unconstitutional a box tax on citrus. See id. at 831. The tax was used to fund advertising costs incurred by the Florida Department of Citrus. See id. at 832. The court explained that in United States v. United Foods, Inc., 533 U.S. 405 (2001), the Court concluded that "if a tax is assessed only on a specific industry and moneys generated by that tax are spent mostly for generic advertising to promote the sale of the product of that specific industry, then the tax violates the free speech provision of the First Amendment." Id. at 832. Similar to the circumstances in United Foods, the court in the present case found that mandatory participation hindered a producer's right to free speech if he or she did not agree with the organization's advertising scheme. See id. at 836.
The case was decided on October 20, 2004; this summary was posted Oct. 25, 2005.