Village of Schaumburg v. Citizens for Better Environment (1979)
- Docket
- 78-1335
- Decided
- 1979-01-01
Summary
Question: Was Schaumburg's ordinance "overbroad" and therefore in violation of the First and Fourteenth Amendments? Conclusion: Yes. In an 8-1 opinion, the Court held that charitable solicitation is not purely commercial speech and is closely related to forms of protected speech such as advocacy. Justice Byron R. White, who authored the majority opinion, argued that "it is clear" that charitable solicitations are protected. While Schaumburg had an interest in preventing fraud, the ordinance did not fully serve that interest, which could be accomplished through alternate means. The ordinance in question also barred legitimate organizations from soliciting contributions. Schaumburg's interest did not justify the ordinance's "interference with protected speech,",which was therefore unconstitutional.