AFBF Joins Brief Supporting National Beef Checkoff

WASHINGTON, D.C., May 13, 2004 - The American Farm Bureau Federation has joined 10 state Farm Bureaus to file a friend of the court brief in the U.S. Supreme Court in support of the national beef checkoff program. The court will decide May 20 if it will hear an appeal by the Nebraska Cattlemen Inc., requesting review of a decision by the U.S. Court of Appeals for the Eighth Circuit that found the checkoff program unconstitutional.

AFBF argues that the program does not violate the First Amendment’s right to free speech. The U.S. Supreme Court has never addressed whether the “government speech doctrine” applies to an agricultural marketing program administered by the Agriculture Department.

“When it comes to the checkoff program, USDA is the entity that is speaking,” said AFBF General Counsel Julie Anna Potts. “Because the government is entitled to say what it wants, the beef checkoff program is not subject to First Amendment scrutiny.”

“We fully support the beef checkoff program and the initiatives it funds to reach American consumers,” said AFBF President Bob Stallman. “The cattle industry and the economy as a whole have greatly benefited from the checkoff.” He added that the Eighth Circuit Court’s ruling could impede the increase of beef sales derived from the checkoff program.

The beef checkoff was created by Congress by the 1985 Farm Bill and approved by 79 percent of U.S. beef producers in a 1988 referendum. The $1-per-head collected on all cattle sold goes toward beef promotion, research and consumer information.

The 10 state Farm Bureau organizations included on the friend of the court brief include: Arkansas, Florida, Iowa, Kansas, Mississippi, North Dakota, Ohio, Oklahoma, Texas and Virginia.

Thirty-seven other agricultural organizations have also signed the brief.