Group defends checkoff injunction before appeals court

In oral arguments before the Ninth Circuit Court of Appeals on March 5, R-CALF USA’s attorney, David Muraskin of Public Justice, defended the group’s preliminary injunction awarded by the U.S. District Court for the District of Montana. The preliminary injunction enjoins Agriculture Secretary Sonny Perdue from compelling Montana ranchers to subsidize the private speech of the Montana Beef Council without first obtaining the affirmative consent from the rancher-payees. Before the appellate court’s three-judge panel, Muraskin argued that the government is wrong in claiming that the promotional and advertising messages of the Montana Beef Council is government speech; and even if it is not, then the First Amendment rights of Montana ranchers are protected by allowing ranchers to opt out of sending their money to a private corporation. Muraskin urged the court to reject the government’s argument because Purdue does not manage the operation of the Montana Beef Council to the extent necessary to meet fundamental standards for government speech. Therefore, Muraskin asserted, the Montana Beef Council’s speech is private speech subject to the Constitution’s protections...more