Herbert J. Thomas Memorial Hospital Association, Inc., dba Thomas Memorial Hospital and THS Physician Partners, Inc. v. West Virginia Health Care Authority and Charleston Area Medical Center, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that true compelled speech can be even more insidious than compelled funding of speech
• refusing to upset “the judgment of the majority of market participants, bureaucrats, and legislators who ,have concluded that [collective advertising] programs are beneficial”
• upholding the constitutionality of a mandatory advertising fee — for peaches — against First Amendment challenge because pertinent market was comprehensively regulated
• upholding the constitutionality of a mandatory advertising fee — for peaches — against First Amendment challenge because pertinent market was comprehensively regulated
• dismissing objections to advertising that suggested “‘all varieties of California fruit to be of equal quality,’” and included “‘sexually subliminal messages as evidenced by an ad depicting a young girl in a wet bathing suit’”
• “The Court of Appeals fails to explain why the Central Hudson test, which involved a restriction on commercial speech, should govern a case involving the compelled funding of speech”

Source: CourtListener parenthetical corpus (CC0).