Tire Industry Association

Site Updated: 7.24.08

Site Feedback

FOR IMMEDIATE RELEASE	TIA Contact: Roy Littlefield
May 26, 2005	301-430-7280

Supreme Court Upholds Constitutionality
of Beef Check-off Fund

Bowie, MD – (May 26, 2005) The Tire Industry Association (TIA) commented today on the May 23, 2005, 6-to-3 vote, by the United States Supreme Court to uphold the constitutionality of the “Beef Check-off” fund, rejecting a claim that it was a “compelled subsidy” that violated the free speech guarantees of the First Amendment.

Like many other associations, TIA has been considering pursuing federal “check-off” legislation to fund training, education, safety and other initiatives for the benefit of the entire tire industry. Commenting on the Supreme Court’s decision, TIA Executive Vice President Roy Littlefield said, “This decision appears to lay to rest the legal concerns that had been raised concerning such funds.”

Through its enactment of the Beef Promotion and Research Act of 1985, Congress authorized the Secretary of Agriculture to appoint a Cattlemen’s Beef Promotion and Research Board, whose activities were to be financed with the imposition of a $1-per-head assessment -- or “check-off” -- on all sales or importation of cattle. A principal project pursued by the Beef Board with the Secretary’s approval was the funding of the very successful “Beef. It’s What’s for Dinner.” campaign. The Beef Act is similar to other “check-off” legislation enacted by Congress for the benefit of producers of other agricultural products, including cotton, potatoes, pork, eggs and lamb.

In recent years, some of these programs have come under constitutional attack, with dissidents arguing that their First Amendment free speech rights were being infringed because they were being required to make “check-off” payments to support promotional campaigns with which they disagreed. One such challenge resulted in a lower federal court ruling that the Beef Act was unconstitutional.

Justice Scalia wrote for the six-justice Supreme Court majority that reversed the lower court’s decision. The Court concluded that the Beef Act was constitutional because the Secretary was required to approve any promotional message sponsored by the Beef Board. The “What’s for Dinner” promotional campaign therefore qualified as “governmental speech,” which is not subject to First Amendment restrictions. The Court’s majority opinion explained that the government “may support valid programs and policies by taxes or other exactions,” and that it is “inevitable that the funds raised by the government will be spent for speech and other expression to advocate and defend its own policies.”

“This is the third time in the past eight years that the Supreme Court had considered the constitutionality of “check-off” funds,” said Littlefield. “It would seem that the Court’s now well-developed position on the issue will likely remain settled law for the foreseeable future.”

# # #

TIA is an international association representing all segments of the tire industry, including those that manufacture, repair, recycle, sell, service or use new or retreaded tires, and also those suppliers or individuals who furnish equipment, material or services to the industry. The Tire Industry Association (TIA) has a history that spans more than 80 years and includes several name changes. Originally known as the National Tire Dealers & Retreaders Association (NTDRA), the organization gave birth over the years to the American Retreaders Association (ARA) and the Tire Association of North America (TANA). ARA changed its name to the International Tire & Rubber Association (ITRA) and merged with TANA in 2002 to form the current Tire Industry Association (TIA), which now represents every interest in the tire industry.

Download PDF of this Press Release

TIA News Archives: