Ocheesee Creamery LLC v. Adam H. Putnam

BLACK, Circuit Judge:

Ocheesee Creamery, LLC (the Creamery) appeals the district court’s grant of summary judgment to the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry, parties to this lawsuit in their official capacities (together, the State), and the court’s denial of the Creamery’s motion for summary judgment on the question of whether the State improperly forbade the Creamery from selling unfortified skim milk. The Creamery contends the State violated its First Amendment right to free speech by prohibiting the Creamery from using the words “skim…