The Supreme Court held 5/23/05 that the Beef Promotion and Research Act of 1985 does not violate the First Amendment by imposing a mandatory assessment on all sales and importation of cattle to fund promotional campaigns designed by a government-appointed board and approved by the government. Because the assessment funds the government’s own speech—and not private speech—it is not susceptible to a First Amendment compelled-subsidy challenge. Justice Scalia’s opinion for the Court reasoned that where the government “sets the overall message to be communicated and approves every word that is disseminated, it is not precluded from relying upon the government speech doctrine merely because it solicits assistance from non-governmental sources in developing specific messages.” This analysis, moreover, is unaffected by whether the funds for the promotions are raised by general taxes or through a targeted assessment. Because the issue was not presented by the facts of this case, the Court expressed no view on the constitutionality of a compelled-subsidy program that attributes the government speech to private actors. This case is important to businesses subject to government compelled-subsidy programs. Decision Below: 335 F.3d 711 (8th Cir. 2003).See also Case #03-1165, Nebraska Cattlemen, Inc. v. Livestock Marketing Association