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.

downloads

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opinions

US Supreme Court Opinion (348 KB)

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

 

briefs

Initial Briefs in support of the Petition for Certiorari (Petitioner)

Illinois Petition for Certiorari (1,528 KB)

Illinois Reply Supporting Petition for Certiorari (435 KB)

18 States Amicus Brief Supporting Petition for Certiorari (611 KB)

 

Initial Briefs opposed to the Petition for Certiorari (Respondent)

Telemarketing Associates Opposed to Petition for Certiorari (2,443 KB)

 

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

Illinois Opening Brief (289 KB)

Amicus Brief of the Better Business Bureau (402 KB)

Amicus Brief for the United States and the Federal Trade Commission (2,070 KB)

Amicus Brief of AARP (1,913 KB)

Amicus Brief of 45 States (2,709 KB)

Reply Brief of Illinois (Petitioner) (152 KB)

 

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

Telemarketing Associates Brief (233 KB)

Amicus Brief of Disabled American Veterans (1,118 KB)

Amicus Brief of 176 Nonprofit Organizations (208 KB)

Amicus Brief of "Umbrella" Organizations (248 KB)

Amicus Brief of Professional Fundraisers (193 KB)

Amicus Brief of Free Speech Coalition (200 KB)

Amicus Brief of Independent Sector (1,050 KB)

 

Other Material

ACFRFR Memo - Who Are the Lawyers in Madigan v. Telemarketing Associates

ACFRFR Memo - Questions and Answers About Madigan v. Telemarketing Associates

ACFRFR Memo - Why Should You Care About Madigan v. Telemarketing Associates

ACFRFR Memo - About the Briefs To Be Filed in Madigan v. Telemarketing Associates

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

List of signers to Madigan v. Telemarketing Associates (formerly Ryan v. Telemarketing Associates) briefs

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

Madigan v. Telemarketing Associates Court Document
Monday, November 4, 2002
"The petition for a writ of certiorari is granted."

Supreme Court Granted and Noted List (Madigan v. Telemarketing Associates)
October Term 2002

Supreme Court Docket 01-1806 (Madigan v. Telemarketing Associates)

 

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)

Aid Association for Lutherans v. United States Postal Service
Court of Appeals Decision* (91KB)

*Aid Association for Lutherans was victorious in defending the decision of the United States District Court for the District of Columbia and beat back the appeal by the U.S. Postal Service. The Postal Service, in their appeal, had suggested that the courts had no jurisdiction to review the decisions of the postal service interpreting rules of eligibility for the nonprofit mail and further suggested that the USPS rules totally prohibiting the mailing of "insurance" offers at the nonprofit rate were correct.

Instead a three judge panel of the Circuit Court of Appeals for the District of Columbia unanimously held that there is jurisdiction in the courts to determine whether the USPS exceeded its authority and unreasonably interpreted the statute. The Court further held that the USPS rules banning all insurance mailings at the nonprofit rate was unreasonable. The court affirmed the District Court's ruling invalidating that USPS regulation and thus opening up the opportunity for nonprofit organizations to mail insurance offers to the public if the policies are not otherwise commercially available because the are uniquely designed by the nonprofit for their purposes.

Gospel Mission of America v. City of Los Angeles (66KB)

 

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