# Delano Farms Co. v. California Table Grape Commission

> Court of Appeals for the Ninth Circuit · November 20, 2009 · 586 F.3d 1219

URL: https://www.frixlaw.com/law-library/cases/9611606

## Case

- **Full name:** DELANO FARMS COMPANY, a Washington Corporation; The Susan Neill Company, a California Corporation; Lucas Bros Partnerhship, a California Partnership, Plaintiffs-Appellants, v. CALIFORNIA TABLE GRAPE COMMISSION, Defendant-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 20, 2009
- **Citations:** 586 F.3d 1219; 2009 U.S. App. LEXIS 25571; 2009 WL 3925053
- **Precedential status:** Published
- **Opinion:** Concurrence by Reinhardt
- **Judges:** Reinhardt, Noonan, McKeown
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9611606

## How later opinions describe it (automated extraction)

- stating that governmental speech is “immune from constitutional challenge, 27 because the government is not required to be impartial when speaking, as long as its speech is consistent with the Establishment and Equal Protection clauses”

## Opinion text

REINHARDT, Circuit Judge,
concurring in part:
I concur in the majority opinion up to the concluding paragraph of Part I. Rather than finding any “uncharted gap” or performing any “tip[ping of] the balance,” I would simply conclude that the Commission is a government entity and that its speech is therefore government speech. For that reason, I find Part II wholly unnecessary to the opinion, and would not reach the question of government control. I express no view as to any discussion or holdings contained in Part II.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9611606. Public record. Not legal advice.