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Madigan v. Telemarketing Associates

Docket No.: 01-1806
Certiorari Granted: Nov 4 2002
Argued: March 3, 2003
Decided: May 5, 2003

Topics:

Amendment 1: Speech, Press, and Assembly, First Amendment, Miscellaneous, Civil Procedure, EPA, Federal Rules of Civil Procedure, First Amendment, privacy, public education

PartyNames: Illinois ex rel. Lisa Madigan, Attorney General of Illinois v. Telemarketing Associates, Inc., et al.
Petitioner: Illinois ex rel. Lisa Madigan, Attorney General of Illinois
Respondent: Telemarketing Associates, Inc., et al.

Court Below: Supreme Court of Illinois
Citation: Illinois Supreme Court, 763 N.E.2d 289. QUESTION PRESENTED Whether the First Amendment categorically prohibits a State from pursuing a fraudaction against a professional fundraiser who represents that donations will be used for charitable purposes but in fact keeps th e vast majority (in this case 85 percent)of all funds donated.
Supreme Court Docket

Illinois ex rel. Lisa Madigan, Attorney General of Illinois
v.
Telemarketing Associates, Inc., et al.
538 U.S. 600 (2003)
Question:

Does the First Amendment permit a State to maintain fraud actions alleging that fundraisers made false or misleading representations designed to deceive donors about how their donations will be used?

Madigan v. Telemarketing Associates
ORAL ARGUMENT

March 3, 2003

Holding: reversed and remanded
Decision: Decision: 9 votes for Madigan, 0 vote(s) against
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