Faculty Scholarship 1994 - Present

Glickman v. Wileman Bros. & Elliot, Inc.: A Nettle in the Fruit Patch

On June 25, 1997, the United States Supreme Court in Glickman v. WIleman Brothers & Elliot, Inc. decided that generic advertising campaign promoting California nectarines, peaches and plums, created pursuant to "marketing orders" issued by the United States Secretary of Agriculture and financed by fees collected under the marketing order from producers and handlers of the fruit, constitutes a valid economic regulation within the Commerce Clause of the United States Constitution and does not violate the free speech guarantees of the First Amendment. This paper will examine Glickman by (1) reviewing the history of the decision, (2) scrutinizing the evolution of first amendment protection of commercial speech and political speech of regulated utilities and protection against compelled speech and financing political or ideological views, all of which bear on Glickman, and (3) analyzing Glickman from within a matrix of legal and ethical issues.