Cornelius v. NAACP Legal Defense Fund

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Cornelius v. NAACP Legal Defense Fund
Seal of the United States Supreme Court.svg
Argued 19 February, 1985
Decided 12 July, 1985
Full case nameCornelius v. NAACP Legal Defense and Educational Fund, Inc.
Citations473 U.S. 788 ( more )
Holding
Excluding 'activist' organizations from those eligible to receive donations through the CFC system is not a violation of the First Amendment
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
John P. Stevens  · Sandra Day O'Connor
Case opinions
MajorityO'Connor, joined by Burger, White, Rehnquist
DissentBlackmun, joined by Brennan
DissentStevens
Marshall, Powell took no part in the consideration or decision of the case.

Cornelius v. NAACP Legal Defense Fund, 473 U.S. 788 (1985), was a United States Supreme Court case on the First Amendment and the Combined Federal Campaign (CFC). The court ruled that excluding 'activist' organizations from those eligible to receive donations through the CFC system is not a violation of the First Amendment.

Contents

Background

Combined Federal Campaign

The Combined Federal Campaign (CFC) system, created by then President Dwight D. Eisenhower in 1957, allows employees of the federal government to donate money annually to a general fund which would be distributed to local organizations or to one organization in the program. [1]

In 1982, then U.S. President Ronald Reagan amended the program to only include organization that “provide or support direct health and welfare services” and explicitly barred the inclusion of organizations that engage in “political activity or advocacy, lobbying, or litigation”. This excluded numerous legal defense funds from the program. [2]

NAACP LDF and PRLDEF

In 1980, the NAACP Legal Defense and Educational Fund (NAACP LDF), which is wholly separate from the NAACP, and the Puerto Rican Legal Defense and Education Fund (PRLDEF), both civil rights organizations operating legal defense funds, attempted to participate in the CFC. They were denied by the Office of Personnel Management (OPM), resulting in three lawsuits, the third becoming Cornelius v. NAACP Legal Defense Fund.

Alongside the NAACP LDF and PRLDEF, the Sierra Club Legal Defense Fund, the Federally Employed Women Legal Defense and Education Fund, the Indian Law Resource Center, the Lawyers' Committee for Civil Rights under Law, and the Natural Resources Defense Council were respondents in the case. [3]

Lower courts

In NAACP Legal Defense & Education Fund, Inc. v. Campbell (1981), the first of the suits, the legal defense funds challenged the requirement of "direct services" on the basis that it violated the First Amendment and equal protection component of the Fifth Amendment. The U.S. District Court for D.C. ruled that the "direct services" requirement was too vague to meet the specificity requirement of the First amendment, but not ruling on the equal protection question. As a result of the ruling, the NAACP LDF and other legal defense funds were able to participate in the 1982 and 1983 CFC program and receive funds. [3]

Supreme Court

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References

  1. Purvis, Dara E. (1 January 2009). "Cornelius v. NAACP Legal Defense and Educational Fund (1985)". Free Speech Center at Middle Tennessee State University . Retrieved 24 November 2024.
  2. Snyder, John V. (1985). "Forum over Substance: Cornelius v er Substance: Cornelius v. NAACP Legal Def CP Legal Defense & Education Fund". Catholic University Law Review. 35 (1): 307–333.
  3. 1 2 "Cornelius v. NAACP Leg. Def. Fund, 473 U.S. 788 (1985)". Justia Law. Retrieved 24 November 2024.