Pistachio farmers’ fees constitutional

Fees paid by pistachio farmers to the California Pistachio Commission to fund marketing of the nuts are constitutional, a federal appeals court ruled, rejecting claims that the mandatory charges impinge on the free-speech rights of growers.

The 9th Circuit Court of Appeals in San Francisco set aside a lower court’s order blocking the collection of a 3.25-cent-per-pound fee, which supports ad programs. The pistachio commission said in February that it would shut down after growers voted to disband it following an injunction to halt the fees.

The appeals court said the ads were government speech immune from 1st Amendment challenges. Farmers argued that the programs weren’t effective or adequately overseen by the state.