Combating excessive regulation of nonprofits and fundraising by means of litigation.
The American Charities for Reasonable Fundraising Regulation is a 501(c)(3) public foundation sometimes informally known as the "Nonprofit Litigation Coalition." It is a coalition of nonprofit organizations, their national associations and their supporters.
Madigan v. Telemarketing Associates (formerly known as Ryan v. Telemarketing Associates)
This case is in the Supreme Court of the United States after the Attorney General of Illinois appealed an adverse decision by the Supreme Court of Illinois. It has been described as the most significant legal case affecting nonprofits and fundraising in the past decade. ACFRFR coordinated the filing of three amicus curiae ("Friend of the Court") briefs. The first brief was signed by 176 nonprofit organizations. It focused primarily on the 1st Amendment free speech rights of nonprofits and the importance of the precedent set 14 years ago in the Riley case. The second brief was signed only by "umbrella" organizations in the nonprofit and fundraising community. These organizations represent tens of thousands of individual working in the nonprofit sector, hundreds of charities, and dozens of fundraisers. This brief focused on problems with using the "cost of fundraising ratio" as the measure of either fraud or the efficiency of a charity. The third brief was signed by 29 commercial fundraising organizations. It focused on how fundraising actually works and the complications of various media and methods and why the solution proposed by the Attorney General will chill the rights of nonprofit organizations.
Madigan (formerly Ryan) v. Telemarketing Associates
Argued on March 3, 2003 - Decided on May 5, 2003
Statement of Geoffrey Peters, Pro-Bono General Counsel
May 6, 2003
Internal Brief in support of the Petition for Certiorari (Petitioner)
Initial Briefs opposed to the Petition for Certiorari (Respondent)
Final Briefs on the merits by and for the Attorney General of Illinois (Petitioner)
Final Briefs on the merits by and for Telemarketing Associates (Respondent)
Three previous Supreme Court cases regarding the 1st Amendment Rights of nonprofits when soliciting contributions
Munson 467 U.S. 947 (1984)
Riley 487 U.S. 781 (1988)
Schaumburg 444 U.S. 620 (1980)
Monday, December 16, 2002
"The motion of respondent Telemarketing Associates to strike portions of petitioner's joint appendix designations is denied."
Monday, November 4, 2002
"The petition for a writ of certiorari is granted."
Supreme Court Granted and Noted List - October Term 2002
Justice McMorrow Opinion
Docket No. 89738-Agenda 37-May 2001
Filed November 21, 2001
Justice Zwick Opinion
Docket No. 91 CH 4926
Filed May 19, 2000
Additional information concerning Ryan v. Telemarketing Associates is available under the downloads page of this site.