Lyons

Kahn, Soares & Conway, George H. Soares, Dale A. Stern, Sacramento, and Robert S. Hedrick, for California Avocado Commission, California Apple Commission, California Asparagus Commission, California Cut Flower Commission, California Date Commission, California Egg Commission, California Forest Products Commission, California Grape Rootstock Improvement Commission, California Kiwifruit Commission, Lake County Winegrape Growers Commission, Lodi Woodbridge Winegrape Growers Commission, California Pepper Commission, California Pistachio Commission, California Rice Commission, California Sheep Commission, California Strawberry Commission, California Tomato Commission, California Walnut Commission, and California Wheat Commission as Amici Curiae on behalf of Defendant and Respondent.

VARTABEDIAN, Acting P.J.

In Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 517 , 101 Cal.Rptr.2d 470 , 12 P.3d 720 ( Gerawan ), the Supreme Court assigned this court the responsibility to address "in the first instance" certain questions raised by the Gerawan court's conclusion that the California Plum Marketing Program (the Program) "implicates" plum growers' right to freedom of speech under…