Swan v Rollins

Under the Dairy Act, Checkoff funds are legally restricted to the advertisement and promotion of dairy product sales and consumption, and related research. For decades, traditional promotional campaigns to various industry checkoff programs have been more closely controlled and reviewed by the USDA, and therefore generally deemed “government speech.” However, the current Dairy Checkoff program funds private, third-party organizations like the Innovation Center, whose mission and activities do not fall within the regulatory interests set forth in the Dairy Act. By forcing farmers to subsidize such “private speech,” Defendants are violating both the First Amendment and are exceeding the authority granted to them by Congress.

This lawsuit is part of WILL’s ongoing commitment to pushing back against federal overreach, protecting free speech, and dismantling unconstitutional ESG regulations that threaten American businesses and agriculture. WILL has successfully represented clients across the nation in high-impact lawsuits defending individual liberties and economic freedom under the law.