Top Court Overturns ‘Got Milk’ Ruling

WASHINGTON The U.S. Supreme Court today overturned a lower court ruling that declared the “Got milk?” advertising campaign unconstitutional.

Under the Dairy Promotion Act, small dairy farmers are required to pay for the campaign whether they agree with the message or not. Two dairy farmers sued, arguing that they must pay $4,000 a year for ads that blur the line between their traditional farming methods and those of large-scale dairy producers.

The Supreme Court disagreed and treated the case the same way it handled the “Beef, it’s what’s for dinner” campaign. In that case, it said the advertising was “government speech” and that beef producers could not challenge the campaign just because they had to pay for the ads, even though they disagreed with the message.

The “Got milk?” case has been sent back to the Third Circuit Court of Appeals for further consideration.