31 William Mitchell Law Review 277 (2004-2005)
This Note first examines the history of the relevant law in the areas of fraud, charitable solicitation, and prior restraints. Specifically, it examines the three leading cases on regulation of charitable fundraising speech: Schaumburg, Munson, and Riley. Next, the Note discusses the history and holding of Illinois ex rel. Madigan v. Telemarketing Associates, Inc. Next, this Note will explore the holding in Telemarketing Associates in light of Schaumburg and its progeny. This analysis includes a survey of recent and pending fraud litigation against charities and their fundraisers, and a review of the Federal Trade Commission's “Operation Phoney Philanthropy.” Finally, the Note concludes with some regulatory considerations for charities, fundraisers, and regulators as they proceed in the post-Telemarketing Associates era.
Sullivan, Christopher R.
"Note: Get the Balance Right: Finding an Equilibrium Between Charitable Solicitation, Fraud, and the First Amendment in Illinois ex rel. Madigan v. Telemarketing Associates, Inc., 538 U.S. 600 (2003),"
William Mitchell Law Review: Vol. 31
, Article 8.
Available at: http://open.mitchellhamline.edu/wmlr/vol31/iss1/8