Attorneys for Jeanne and Steve Charter in Montana and the Center for Individual Freedom, on March 1, 2002, filed a Motion for Summary Judgment in the lawsuit challenging the constitutionality of the mandatory beef promotion program. The Center’s brief refutes claims made by the U.S. Department of Agriculture that the beef checkoff program should be considered "government speech" and therefore not subject to heightened First Amendment scrutiny. The Center argues that the speech funded by the mandatory contributions of private beef producers is not government speech at all, but represents compelled speech, and violates the First Amendment. Constitutional free speech protections forbid the government from compelling parties to express a viewpoint with which they disagree.

Independent ranchers Jeanne and Steve Charter, assisted by the Center, are challenging the beef checkoff program in U.S. District Court in Billings, Montana. The lawsuit asks the court to freeze all existing beef checkoff assets and establish an escrow account for those assets and for future checkoff payments, pending the outcome of the case. In addition, the suit seeks a refund of past compelled payments, should the program be declared unconstitutional. The lawsuit was filed following a June 25, 2001, ruling by the U.S. Supreme Court in United States v. United Foods where the Court ruled unconstitutional the similar mandatory mushroom program.

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