Legal Opinion

Gerawan Farming, Inc. v. Kawamura

California Supreme Court

Decided June 3, 2004No. S104019PublishedCited by 34 opinions

1Opinion of the Court

Opinion

MORENO, J.

In Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468 [101 Cal.Rptr.2d 470, 12 P.3d 720] (Gerawan I), we held that an agricultural producer’s right to free speech under article I, section 2, subdivision (a) of the California Constitution (hereafter sometimes article I or the free speech clause)1 was implicated by a program that compelled that producer to fund generic advertising about various agricultural products. In so holding, we parted company with the United States Supreme Court, which had held in Glickman v. Wileman Brothers & Elliott, Inc. (1997) 521 U.S. 457 [138…

2Cases cited17 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  4. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  5. Texas v. JohnsonSupreme Court of the United States · 1989

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3Cited by34 opinions

  1. Beeman v. Anthem Prescription Management, LLCCalifornia Supreme Court · 2013
  2. San Leandro Teachers Ass'n v. Governing Board of the San Leandro Unified School DistrictCalifornia Supreme Court · 2009
  3. ARP Pharmacy Services, Inc. v. Gallagher Bassett Services, Inc.California Court of Appeal · 2006
  4. Baba v. BOARD OF SUP'RS OF SAN FRANCISCOCalifornia Court of Appeal · 2004
  5. Steiner v. Superior CourtCalifornia Court of Appeal · 2013

29 more not listed; retrieve them via the Exa API.

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