No. 18-300

Delano Farms Company, et al. v. California Table Grape Commission

Lower Court: California
Docketed: 2018-09-07
Status: Denied
Type: Paid
Amici (2)
Tags: attribution commercial-speech compelled-speech compelled-subsidy first-amendment government-speech industry-advertising industry-group oversight speech-attribution
Key Terms:
FirstAmendment Trademark
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether compelled subsidy of promotional advertising by an industry group may be deemed 'government speech' without democratically accountable oversight or government attribution

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the compelled subsidy of promotional advertising by an industry group may be deemed “government speech,” and thus shielded from First Amendment scrutiny, where no democratically accountable government official exercises actual oversight or control and that speech is not attributed to the government.

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-29
Reply of petitioners Delano Farms Company, et al. filed.
2018-10-15
Brief of respondent California Table Grape Commission in opposition filed.
2018-10-09
Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
2018-10-09
Brief amici curiae of Cato Institute, et al. filed.
2018-09-21
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
2018-09-20
Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
2018-09-19
Blanket Consent filed by Petitioners, Delano Farms Company, et al..
2018-09-05
Petition for a writ of certiorari filed. (Response due October 9, 2018)
2018-08-14
Application (18A158) granted by The Chief Justice extending the time to file until September 5, 2018.
2018-08-10
Application (18A158) to extend the time to file a petition for a writ of certiorari from August 22, 2018 to September 5, 2018, submitted to The Chief Justice.

Attorneys

California Table Grape Commission
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Cato Institute; Reason Foundation; Institute for Justice; DKT Liberty Project
Bradley Alan BenbrookBenbrook Law Group, Amicus
Center for Constitutional Jurisprudence and Pacific Legal Foundation
Anthony Thomas CasoCenter for Constitutional Jurisprudence, Amicus
Delano Farms Company, et al.
Michael W. McConnellKirkland & Ellis LLP, Petitioner