JOHANNS V. LIVESTOCK MARKETING ASSN. (03-1164) 544 U.S. 550 (2005)
335 F.3d 711, vacated and remanded.
Syllabus
 
Opinion
[ Scalia ]
Concurrence
[ Thomas ]
Concurrence
[ Breyer ]
Concurrence
[ Ginsburg ]
Dissent
[ Kennedy ]
Dissent
[ Souter ]
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544 U.S. ____ (2005)

SUPREME COURT OF THE UNITED STATES


Nos. 03—1164 and 03—1165

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE EIGHTH CIRCUIT

[May 23, 2005]

    Justice Kennedy, dissenting.

    I join Justice Souter’s dissenting opinion, which demonstrates with persuasive analysis why the speech at issue here cannot meaningfully be considered government speech at all. I would reserve for another day the difficult First Amendment questions that would arise if the government were to target a discrete group of citizens to pay even for speech that the government does “embrace as publicly as it speaks,” post, at 11.