United States v. United Foods, Inc., 533 U.S. 405, 23 (2001)

Page:   Index   Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Cite as: 533 U. S. 405 (2001)

Breyer, J., dissenting

because it pertains to the seller's business as because it furthers the societal interest in the 'free flow of commercial information' ") (quoting Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U. S. 748, 764 (1976)). Unlike many of the commercial speech restrictions this Court has previously addressed, the program before us promotes the dissemination of truthful information to consumers. And to sustain the objecting producer's constitutional claim will likely make less information, not more information, available. Perhaps that is why this Court has not previously applied "compelled speech" doctrine to strike down laws requiring provision of additional commercial speech.

Third, there is no special risk of other forms of speech-related harm. As I have previously pointed out, and Wile-man held, there is no risk of significant harm to an individual's conscience. Supra, at 423-424. The program does not censor producer views unrelated to its basic regulatory justification. Supra, at 420-421. And there is little risk of harming any "discrete, little noticed grou[p]." Ante, at 410. The Act excludes small producers, 7 U. S. C. §§ 6102(6), (11) (exempting those who import or produce less than 500,000 pounds of mushrooms annually)—unlike respondent, a large, influential corporation. The Act contains methods for implementing its requirements democratically. See §§ 6104(b) (1)(B), (g)(2) (Mushroom Council, which sets assessment rate, is composed entirely of industry representatives); §§ 6105(a), (b) (referendum required before Secretary of Agriculture's order can go into effect and five years thereafter, and producers may request additional referenda). And the Act provides for supervision by the Secretary. § 6104(d)(3) (requiring Secretary to approve all advertising programs). See also Wileman, 521 U. S., at 477 (refusing to upset "the judgment of the majority of market participants, bureaucrats, and legislators who have concluded that [collective advertising] programs are beneficial"). These safeguards protect

427

Page:   Index   Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: October 4, 2007