American Charities for Reasonable Fundraising Regulation (ACFRFR)

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.

Cases

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.

Opinions

US Supreme Court Opinion

Madigan (formerly Ryan) v. Telemarketing Associates
No. 01-1806
Argued on March 3, 2003 - Decided on May 5, 2003

Press Release

Statement of Geoffrey Peters, Pro-Bono General Counsel
May 6, 2003

Briefs
Internal Brief in support of the Petition for Certiorari (Petitioner)

Illinois Petition for Certiorari

Illinois Reply Supporting Petition for Certiorari

18 States Amicus Brief Supporting Peition for Certiorari

Initial Briefs opposed to the Petition for Certiorari (Respondent)

Telemarketing Associates Opposed to Petition for Certiorari

Final Briefs on the merits by and for the Attorney General of Illinois (Petitioner)

Illinois Opening Brief

Amicus Brief of the Better Business Bureau

Amicus Brief for the United States and the Federal Trade Commission

Amicus Brief of AARP

Amicus Brief of 45 States

Reply Brief of Illinois (Petitioner)

Final Briefs on the merits by and for Telemarketing Associates (Respondent)

Telemarketing Associates Brief

Amicus Brief of Disabled American Veterans

Amicus Brief of 176 Nonprofit Organizations

Amicus Brief of "Umbrella" Organizations

Amicus Brief of Professional Fundraisers

Amicus Brief of Free Speech Coalition

Amicus Brief of Independent Sector

Other materials

List of signers to briefs

Supreme Court Docket 01-1806

ACFRFR Memo - Who Are the Lawyers

ACFRFR Memo - Questions and Answers

ACFRFR Memo - Why Should You Care

ACFRFR Memo - About the Briefs To Be Filed

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)

Court Document
Monday, December 16, 2002
"The motion of respondent Telemarketing Associates to strike portions of petitioner's joint appendix designations is denied."

Court Document
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

Gospel Mission of America v. City of Los Angeles

Additional information concerning Ryan v. Telemarketing Associates is available under the downloads page of this site.

 

 

 

 

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