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Despite a Supreme
Court ruling in May that the Agriculture Department's Beef
Checkoff program is constitutional, a federal appeals court
has ruled that a Montana group can argue in front of a federal
judge that USDA is passing off advertising as protected
speech.
In its earlier decision, the Supreme Court ruled that such
an argument was legitimate, while still ruling against dissident
cattlemen on other grounds. The appeals court in Helena,
Mont., issued a three-page ruling supporting the ranchers
who brought the suit, but the ranchers were unsure if they
would pursue the case, since the Supreme Court decision
makes a significant remedy unlikely.
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