050524 Supreme Court Rules Pork Checkoff Constitutional

Washington, DC - The challenge to the pork checkoff program is headed back to an appeals court now that the U.S. Supreme Court has found fees on beef producers to be constitutional.

Federal appeals courts had ruled against both the pork and beef programs as well as the dairy checkoff program that made famous the slogan "Got Milk?"

The Supreme Court this week told the appeals court to reconsider the pork and dairy programs in light of its 6-3 decision May 23 upholding the beef program.

"We look forward to the conclusion of this case so all producers can come together to move the industry forward and to focus precious industry resources on improving the marketplace for pork," said Dave Culbertson, president of the checkoff-funded National Pork Board.

But the pork and dairy cases raise an issue not in the beef case: whether farmers can be forced to associate with groups with which they don't agree.

"They're not dead," Roger McEowen, an agricultural law specialist at Iowa State University, said of the checkoff cases.

The Supreme Court ruled that paying the fees did not violate the free-speech rights of farmers who don't agree with the promotion programs funded by the checkoff fees.

Justice Antonin Scalia, writing the prevailing opinion, said the advertising messages represented the views of the government, not of farmers and ranchers. Citizens cannot refuse to pay for government messages just because they don't support them.

McEowen said the Supreme Court still could strike down the programs once the appeals court reconsiders the challenges. Only four of the six justices who voted to uphold the beef program actually agreed with Scalia's argument that the checkoff ads constitute government speech, he said.

Pork producers pay a checkoff fee of 40 cents for every $100 worth of hogs sold. The fee on beef producers is $1 for every head of cattle.

The challenges to the programs reflect splits among producers over the growing consolidation in agribusiness.

Opponents of the programs say they are run for the benefit of meatpackers and large-scale producers. The programs' supporters say they benefit all farmers by boosting demand for farm products.

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