Illinois ex rel. Madigan v. Telemarketing Associates, Inc.

Summary

The Court held that the First Amendment does not protect charitable fundraisers from fraud actions when they make false or misleading representations about use of donations. Reversing the Illinois Supreme Court, the Court distinguished this specific fraud suit from prior cases invalidating prophylactic fee limits, noting the complaint targeted specific deceptive statements rather than high fees themselves. Justice Scalia concurred, noting that a simple promise that funds go to charity without disclosure of expenses is not fraud absent other misrepresentations.