Case Categories: Charitable Solicitations and Freedom of Speech

Almost all states regulate charitable solicitations, but some laws have been ruled unconstitutional under the free speech provisions of the First Amendment.

Some laws that have restricted how charities used funds they've solicited have been invalidated, although disclosure laws about how money has been spent have been generally upheld.

Below are court cases related to First Amendment challenges of state regulations of charitable solicitations.

• Illinois ex rel. Madigan v. Telemarketing Associates, Inc. (2003)

  Illinois ex rel. Madigan v. Telemarketing Associates, Inc. ruled that pursuing fraud charges against fundraisers for misrepresentation did not violate the First...

• International Society for Krishna Consciousness v. Lee (1992)

  International Society for Krishna Consciousness v. Lee (1992) said airports are not public forums, and a ban on soliciting funds in them did not violate the...

• Larson v. Valente (1982)

  Larson v. Valente (1982) said a statute requiring churches who received less than 50 percent of their funds from members to file certain reports violated the...

• Planet Aid v. City of St. Johns (6th Cir.) (2015)

  In Planet Aid v. City of St. Johns (6th Cir. 2015), a federal appeals court ruled that unattended charitable bins are a form of expression protected by the...

• Riley v. National Federation of the Blind (1988)

  Riley v. National Federation of the Blind (1988) ruled that a state's charitable solicitation fees and rules infringed upon First Amendment free speech...

• Schaumburg v. Citizens for a Better Environment (1980)

  Schaumburg v. Citizens for a Better Environment (1980) said requiring 75 percent of donations from door-to-door solicitations to be used for charity violated...

• Secretary of State of Maryland v. Joseph H. Munson Co., Inc. (1984)

  Secretary of State of Maryland v. Joseph H. Munson Co. (1984) said a law restricting how much charities could spend on fundraising violated the First Amendment...

• United States v. Kokinda (1990)

  In 1990, the Supreme Court upheld a federal regulation that prohibited solicitation on post office property, including the sidewalks outside. In United States v...