In a First Amendment challenge to a state statutory scheme requiring grape growers to fund generic advertising, summary judgment for defendant is affirmed where the state agricultural commission's promotional activities constituted government speech that was immune to challenge under the First Amendment.
Argued and Submitted April 15, 2009
Filed November 20, 2009
Opinion by Judge McKeown
Concurrence by Judge Reinhardt
Brian C. Leighton, Clovis, CA