This article relies too much on references to primary sources . (October 2019) (Learn how and when to remove this template message) |
Village of Schaumburg v. Citizens for a Better Environment | |
---|---|
Argued October 30, 1979 Decided February 20, 1980 | |
Full case name | Village of Schaumburg v. Citizens for a Better Environment |
Citations | 444 U.S. 620 ( more ) 100 S. Ct. 826; 63 L. Ed. 2d 73; 1980 U.S. LEXIS 78 |
Case history | |
Prior | 590 F.2d 220 (7th Cir. 1978); cert. granted, 441 U.S. 922(1979). |
Subsequent | Rehearing denied, 445 U.S. 972(1980). |
Court membership | |
| |
Case opinions | |
Majority | White, joined by Burger, Brennan, Stewart, Marshall, Blackmun, Powell, and Stevens |
Dissent | Rehnquist |
Laws applied | |
U.S. Const., Amends. I and XIV |
Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620 (1980), was a case before the United States Supreme Court. [1]
A nonprofit environmental-protection organization was denied permission to solicit contributions, pursuant to a village ordinance prohibiting the door-to-door or solicitation of contributions by charitable organizations not using at least 75 percent of their receipts for "charitable purposes". This requirement exclude administrative expenses such as solicitation expenses, salaries, and overhead; thus, if more than 25 percent of the nonprofit's revenue was used to pay salaries, then it could not prove that it used at least 75 percent of its revenue for the organization's charitable purposes.
The organization sued the village in the United States District Court for the Northern District of Illinois, alleging that the ordinance's 75-percent requirement violated the First and Fourteenth Amendments.
The District Court, awarding summary judgment to the organization on the ground that the 75-percent requirement was a form of censorship prohibited by the First and Fourteenth Amendments, declared the ordinance void on its face, enjoined its enforcement, and ordered the municipality to issue a charitable solicitation permit to the organization. On appeal, the United States Court of Appeals for the Seventh Circuit affirmed, holding that although the 75-percent requirement might be valid as applied to other types of charitable solicitation, the requirement was unreasonable on its face because it barred solicitation by advocacy-oriented organizations even where it was made clear that the contributions would be used for the reasonable salaries of those who would gather and disseminate information relevant to the organization's purpose. [2]
On certiorari, the United States Supreme Court affirmed. In an opinion by White, J., joined by Burger, Ch. J., and Brennan, Stewart, Marshall, Blackmun, Powell, and Stevens, JJ., it was held that the ordinance was unconstitutionally overbroad in violation of the First and Fourteenth Amendments, since the 75-percent limitation was a direct and substantial limitation on protected activity which could not be sustained unless it served a sufficiently strong, subordinating interest that the village was entitled to protect, and the asserted substantial governmental interests in protecting the public from fraud, crime, and undue annoyance, offered as justifications for limiting protected activity, were inadequate in such regard.
Rehnquist, J., dissented, expressing the view that the ordinance, as applied to the environmental organization, was not invalid, since it affected only door-to-door solicitation for financial contributions, left little or no discretion in the hands of municipal authorities to "censor" unpopular speech, and was rationally related to the community's collective desire to bestow its largess upon organizations that were truly "charitable."
Corporate personhood is the legal notion that a corporation, separately from its associated human beings, has at least some of the legal rights and responsibilities enjoyed by natural persons. In the United States and most countries, corporations have a right to enter into contracts with other parties and to sue or be sued in court in the same way as natural persons or unincorporated associations of persons. In a U.S. historical context, the phrase 'Corporate Personhood' refers to the ongoing legal debate over the extent to which rights traditionally associated with natural persons should also be afforded to corporations. A headnote issued by the Court Reporter in the 1886 Supreme Court case Santa Clara County v. Southern Pacific Railroad Co. claimed to state the sense of the Court regarding the equal protection clause of the Fourteenth Amendment as it applies to corporations, without the Court having actually made a decision or issued a written opinion on that point. This was the first time that the Supreme Court was reported to hold that the Fourteenth Amendment's equal protection clause granted constitutional protections to corporations as well as to natural persons, although numerous other cases, since Dartmouth College v. Woodward in 1819, had recognized that corporations were entitled to some of the protections of the Constitution. In Burwell v. Hobby Lobby Stores, Inc. (2014), the Court found that the Religious Freedom Restoration Act of 1993 exempted Hobby Lobby from aspects of the Patient Protection and Affordable Care Act because those aspects placed a substantial burden on the company's owners' free exercise of closely held religious beliefs.
City of Boerne v. Flores, 521 U.S. 507 (1997), was a United States Supreme Court case concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868.
A Green River Ordinance is a common United States city ordinance prohibiting door-to-door solicitation. Under such an ordinance, it is illegal for any business to sell their items door-to-door without express prior permission from the household. Some versions prohibit all organizations, including non-profit charitable, political, and religious groups, from soliciting or canvassing any household that makes it clear, in writing, that it does not want such solicitations.
Sáenz v. Roe, 526 U.S. 489 (1999), was a case in which the Supreme Court of the United States discussed whether there is a constitutional right to travel from one state to another.
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a decision by United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
Lovell v. City of Griffin, 303 U.S. 444 (1938), is a United States Supreme Court case. This case was remarkable in its discussion of the requirement of persons to seek government sanction to distribute religious material. In this particular case, the Supreme Court ruled it was not constitutional for a city to require such sanction.
Schneider v. State of New Jersey, 308 U.S. 147 (1939), was a United States Supreme Court decision that combined four similar appeals, each of which presented the question whether regulations embodied in municipal ordinances abridged the First Amendment rights of freedom of speech and of the press secured against state invasion by the Fourteenth Amendment of the Constitution.
Martin v. Struthers, 319 U.S. 141 (1943), is a United States Supreme Court case in which the Court held that a law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah's Witness, specifically their freedom of speech. The ruling was 5-4 and deemed trespassing laws a better fit for the town imposing the ordinance.
Terminiello v. City of Chicago, 337 U.S. 1 (1949), was a case in which the Supreme Court of the United States held that a "breach of peace" ordinance of the City of Chicago that banned speech which "stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance" was unconstitutional under the First and Fourteenth Amendments to the United States Constitution.
Murdock v. Pennsylvania, 319 U.S. 105 (1943), was a case in which the Supreme Court of the United States held that an ordinance requiring door-to-door salespersons ("solicitors") to purchase a license was an unconstitutional tax on religious exercise.
Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2002), is a United States Supreme Court case in which the Court held that a town ordinance's provisions making it a misdemeanor to engage in door-to-door advocacy without first registering with town officials and receiving a permit violates the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.
Valentine v. Chrestensen, 316 U.S. 52 (1942), was a case in which the Supreme Court of the United States ruled that commercial speech in public thoroughfares is not constitutionally protected.
Roberts v. United States Jaycees, 468 U.S. 609 (1984), was an opinion of the Supreme Court of the United States overturning the United States Court of Appeals for the Eighth Circuit's application of a Minnesota antidiscrimination law. The Eighth Circuit had concluded that, by requiring the United States Jaycees to admit women as full voting members, the Minnesota Human Rights Act violated the First and Fourteenth Amendment rights of the organization's members.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Ohio may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Ohio. Families headed by same-sex spouses are eligible for the same protections available to different-sex spouses, but discrimination based on sexual orientation isn't banned statewide. Same-sex marriage has been legal since June 2015.
Coates v. Cincinnati, 402 U.S. 611 (1971), is a United States Supreme Court case in which the Court held that a local city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and “annoy” any passersby was unconstitutionally vague.
On September 18, 2009, the United States Court of Appeals for the District of Columbia ruled in Emily's List v. FEC. The case's main impact was to invalidate certain rules of the Federal Election Commission (FEC) as to what constituted a “solicitation” by a federally registered PAC, the proceeds of which were subject to reporting under federal regulation. However, Emily's List forms a critical book-end to a year of critical change to the financing of American political campaigns. At the other book end, 364 days later, lies Advisory Opinion Request (AOR) 2010-20 (NDPAC) on which the Commissioners deadlocked, and in which Emily's List once again plays a role.
Smith v. California, 361 U.S. 147 (1959), was a U.S. Supreme Court case upholding the freedom of the press. The decision deemed unconstitutional a city ordinance that made one in possession of obscene books criminally liable because it did not require proof that one had knowledge of the book’s content, and thus violated the freedom of the press guaranteed in the First Amendment. Smith v. California continued the Supreme Court precedent of ruling that questions of freedom of expression were protected by the Due Process clause of the Fourteenth Amendment from invasion by state action. It also established that in order for one to be criminally liable for possession of obscene material, there must be proof of one’s knowledge of the material.
Lloyd Corp. v. Tanner, 407 U.S. 551 (1972), was a United States Supreme Court ruling that the passing out of anti-war leaflets at the Lloyd Center in Portland, Oregon was an infringement on property rights. This differed from Marsh v. Alabama (1946) and Amalgamated Food Employees Union v. Logan Valley Plaza (1968) in that Marsh, supra, had the attributes of a municipality and Long Valley, supra, related to picketing a particular store, while the current case, the distribution of leaflets, is unrelated to any activity in the property.
The United States Reports are the official record of the Supreme Court of the United States. They include rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.