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CONSTITUTIONAL LAW-1ST AMENDMENT-MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ACT

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The Mushroom Promotion, Research, and Consumer Information Act mandates that fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales. Respondent refused to pay the assessment, claiming that it violates the First Amendment. The Supreme Court held that the matter was not governed by its decision in Glickman v. Wileman Brothers & Elliott, Inc., 521 U.S. 457, that the First Amendment was not violated when agricultural marketing orders, as part of a larger regulatory marketing scheme, because the instant case was not ancillary to a larger scheme. The held that the mandated payments in this case were not part of a comprehensive statutory agricultural marketing program and violated the First Amendment


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