Constitutionality of check‐off programs: the right not to speak

Abstract

Purpose

The specific purpose of this paper is to research the relevant case law with regard to the constitutionality of generic advertising, i.e. “check‐off” programs, when they are required by state or federal legislation.

Design/methodology/approach

The methodology employed is traditional legal research and analysis.

Findings

The research indicates that although there have been various US Supreme Court cases which address the issue, the law in the USA is still in a state of flux regarding the constitutionality of check‐off programs. Determination of the constitutionality of a specific program is dependent upon the scope of the legislation.

Research limitations/implications

The paper provides a starting point for those interested in the study of this type of advertising, which is becoming increasingly popular in the USA.

Originality/value

This paper is of value to both legislative bodies and producers in deciding the constitutionality of a check‐off program. Specifically it would be of use to a legislative body when determining how to design a constitutional “check‐off” program and to a producer in determining if a specific “check‐off” program is constitutional.

Citation

Sprotzer, I. and Goldberg, I. (2009), "Constitutionality of check‐off programs: the right not to speak", International Journal of Law and Management, Vol. 51 No. 2, pp. 62-68. https://doi.org/10.1108/17542430910947095