First Amendment

A large farm called Green Love Ranch in Texas, was a huge producer of organic garden vegetables. They sold most of their produce to Whole Foods, Sprouts independent organic food stores, and food cooperatives. Marketing data showed that consumers that purchased food at these stories were very earth friendly, environmentally conscious, and human rights oriented.

In 2012, Green Love Ranch ran a full page advertisement in the New York Times, stating that they were dedicated to fair and decent treatment of their farm workers. The ad stated that they provided quality housing for their permanent workers and maintained clean, safe, and air conditioned housing for their seasonal workers. The ad stated that Green Love provided limited healthcare and childcare for all their workers and an accredited elementary school was maintained at the farm. Even more, the ad stated that Green Farm paid fair wages and they only hired persons who could legally work in the United States. Green Love sent letters containing this same information to all of their wholesale distributors and to the CEOs of the stores where they provided produce.

How will the court decide this case? What factors will it consider in making its decision?