Cite as: 533 U. S. 405 (2001)
Stevens, J., concurring
dress significant matters that might have been difficult points for the Government. For example, although the Government asserts that advertising is subject to approval by the Secretary of Agriculture, respondent claims the approval is pro forma. This and other difficult issues would have to be addressed were the program to be labeled, and sustained, as government speech.
We need not address the question, however. Although in some instances we have allowed a respondent to defend a judgment on grounds other than those pressed or passed upon below, see, e. g., United States v. Estate of Romani, 523 U. S. 517, 526, n. 11 (1998), it is quite a different matter to allow a petitioner to assert new substantive arguments attacking, rather than defending, the judgment when those arguments were not pressed in the court whose opinion we are reviewing, or at least passed upon by it. Just this Term we declined an invitation by an amicus to entertain new arguments to overturn a judgment, see Lopez v. Davis, 531 U. S. 230, 244, n. 6 (2001), and we consider it the better course to decline a party's suggestion for doing so in this case.
For the reasons we have discussed, the judgment of the Court of Appeals is
Affirmed.
Justice Stevens, concurring.
Justice Breyer has correctly noted that the program at issue in this case, like that in Glickman v. Wileman Brothers & Elliott, Inc., 521 U. S. 457 (1997), "does not compel speech itself; it compels the payment of money." Post, at 425 (dissenting opinion). This fact suffices to distinguish these compelled subsidies from the compelled speech in cases like West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943), and Wooley v. Maynard, 430 U. S. 705 (1977). It does not follow, however, that the First Amendment is not implicated when a person is forced to subsidize speech to which he objects. Keller v. State Bar of Cal., 496 U. S. 1, 13-14
417
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