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. ruled that
pursuing fraud charges against fundraisers for misrepresentation did not
violate the First Amendment.
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 First Amendment.
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 First Amendment.
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 First Amendment.
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) said requiring 75
percent of donations from door-to-door solicitations to be used for charity
violated the First Amendment.
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.
In 1990, the Supreme Court upheld a federal regulation that prohibited
solicitation on post office property, including the sidewalks outside. In
United States v. Kokinda, the Court in a 5-4 decision narrowly sided with
the government in the face of a First Amendment challenge.
