National Federation of the Blind of North Carolina, Inc. v. Riley, No. 86-3998
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | Before RUSSELL, WIDENER,and CHAPMAN; PER CURIAM |
| Citation | 817 F.2d 102 |
| Parties | Unpublished Disposition NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. NATIONAL FEDERATION OF THE BLIND OF NORTH CAROLINA, INC.; Joe A. Hayes; Linda L. Shevlin; Wayne E. Shevlin; Optimist Club of North Carolina, Inc.; Doris Phllips; Jerry Cannon; Gene Garden; Joseph Page, Plaintiff--Appellee, v. Randolph RILEY, District Attorney of the Tenth Prosecutorial District; Lacy Thornburg, Attorney General for the State of North Carolina; I. O. Wilkerson, Jr., Director, North Carolina Department of Human Resources; Phillip J. Kirk, Secretary, North Carolina Department of Human Resources, Defendant--Appellant. |
| Docket Number | No. 86-3998 |
| Decision Date | 23 April 1987 |
Page 102
Unpublished Disposition
Joe A. Hayes; Linda L. Shevlin; Wayne E. Shevlin; Optimist
Club of North Carolina, Inc.; Doris Phllips; Jerry Cannon;
Gene Garden; Joseph Page, Plaintiff--Appellee,
v.
Randolph RILEY, District Attorney of the Tenth Prosecutorial
District; Lacy Thornburg, Attorney General for the State of
North Carolina; I. O. Wilkerson, Jr., Director, North
Carolina Department of Human Resources; Phillip J. Kirk,
Secretary, North Carolina Department of Human Resources,
Defendant--Appellant.
Decided April 23, 1987.
Before RUSSELL, WIDENER,and CHAPMAN, Circuit Judges.
Charles McKinnon Hensey, Special Deputy Attorney General (Lacy Thornburg, Attorney General, on brief), for appellants.
M. Errol Copilevitz (John P. Jennings, Jr.; Copilevitz, Bryant, Gray & Jennings, P.C.; Howard F. Twigg; Blanchard, Tucker, Twiggs, Earls & Abrams, P.A., on brief), for appellees.
C. Christopher Brown; Brown & Goldstein; Barry A. Fisher; David Grosz; Fisher & Moest, on brief, for amicus curiae American Civil Liberties Union of Maryland, Inc. in support of appellees.
PER CURIAM:
In 1985 the General Assembly of the State of North Carolina made certain changes to the Charitable Solicitations Act, Chapter 131C of the General Statutes of North Carolina. These amendments require professional solicitors to be licensed before undertaking any solicitation, while volunteer solicitors may commence solicitation upon the filing of an application for a license. Additionally, professional solicitors are required to make certain disclosures before commencing a solicitation request and presumptive percentage limitations are placed upon the fees professionals may charge the charity.
The amendments became effective on August 27, 1985. The following day this action was filed for declaratory and injunctive relief. The plaintiffs claimed that the 1985 amendments, which include some provisions not at issue here, violated the First and Fourteenth Amendments to the United States Constitution by infringing upon their right to free speech. North Carolina took no...
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Riley v. National Federation of the Blind of North Carolina, Inc, No. 87-328
...to amendment of the Act) when professional fundraisers were permitted to solicit as soon as their applications were filed. Pp. 801-804. 817 F.2d 102 (CA 4 1987), affirmed. BRENNAN, J., delivered the opinion of the Court, in which WHITE, MARSHALL, BLACKMUN, and KENNEDY, JJ., joined, in Parts......
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Shannon v. Telco Communications, Inc., No. 87-1054
...the protection of the first amendment merely because it chooses to use a professional solicitor in its fund-raising campaign."), aff'd, 817 F.2d 102 (4th Cir.1987); Heritage Publishing Co. v. Fishman, 634 F.Supp. 1489, 1504 (D.Minn.1986) ("Whether the statute limits what a charity may pay o......
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Telco Communications, Inc. v. Carbaugh, Civ. A. No. 88-0471-R.
...affirmed the district court's invalidation of the North Carolina statute. See Riley v. National Federal Federation of the Blind of N.C., 817 F.2d 102 (4th Cir.1987) (per curiam). Further, in their answer to Telco's complaint, the defendant has denied that § 57-55.1 was unconstitutional. Thu......
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Riley v. National Federation of the Blind of North Carolina, Inc, 87-328
...to amendment of the Act) when professional fundraisers were permitted to solicit as soon as their applications were filed. Pp. 801-804. 817 F.2d 102 (CA 4 1987), affirmed. BRENNAN, J., delivered the opinion of the Court, in which WHITE, MARSHALL, BLACKMUN, and KENNEDY, JJ., joined, in Parts......
-
Shannon v. Telco Communications, Inc., 87-1054
...the protection of the first amendment merely because it chooses to use a professional solicitor in its fund-raising campaign."), aff'd, 817 F.2d 102 (4th Cir.1987); Heritage Publishing Co. v. Fishman, 634 F.Supp. 1489, 1504 (D.Minn.1986) ("Whether the statute limits what a charity may pay o......
-
Telco Communications, Inc. v. Carbaugh, Civ. A. No. 88-0471-R.
...affirmed the district court's invalidation of the North Carolina statute. See Riley v. National Federal Federation of the Blind of N.C., 817 F.2d 102 (4th Cir.1987) (per curiam). Further, in their answer to Telco's complaint, the defendant has denied that § 57-55.1 was unconstitutional. Thu......