Cite as: 533 U. S. 405 (2001)
Syllabus
Because the Government did not raise in the Sixth Circuit its theory that this case is permissible government speech, this Court will not entertain that argument here. Pp. 411-417.
197 F. 3d 221, affirmed.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Souter, and Thomas, JJ., joined. Stevens, J., post, p. 417, and Thomas, J., post, p. 418, filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined, and in which O'Connor, J., joined as to Parts I and III, post, p. 419.
Barbara McDowell argued the cause for the United States. With her on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Douglas N. Letter.
Laurence H. Tribe argued the cause for respondent. With him on the brief were Thomas C. Goldstein and Bradley A. MacLean.*
*Briefs of amici curiae urging reversal were filed for the State of California et al. by Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, and Edna Walz, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Ken Salazar of Colorado, M. Jane Brady of Delaware, Jennifer M. Granholm of Michigan, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Betty D. Montgomery of Ohio, D. Michael Fisher of Pennsylvania, and Christine O. Gregoire of Washington; for the American Mushroom Institute et al. by John G. Roberts, Jr., David G. Leitch, and Richard T. Rossier; and for the Western Mushroom Marketing Association et al. by Kendall L. Manock, Robert D. Wilkinson, and Linda Berg Othman.
Briefs of amici curiae urging affirmance were filed for the Center for Individual Freedom by Erik S. Jaffe and Renee Giachino; for the Coalition of Cotton Apparel Importers by Daniel M. Price; for the DKT Liberty Project by Julia M. Carpenter; for Gerawan Farming, Inc., et al. by Michael W. McConnell and Brian C. Leighton; for the Institute for Justice by William H. Mellor, Clint Bolick, and Scott G. Bullock; for the Washington Legal Foundation by Daniel J. Popeo and R. Shawn Gunnarson; and for Jeanne Charter et al. by Vernon E. Woodward and Lynn A. Hayes.
407
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