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Supreme Court of the United States
October 30, 1979, Argued ; February 20, 1980, Decided
[*622] [***78] [**828] MR. JUSTICE WHITE delivered the opinion of the Court.
The issue in this case is the validity under the First and Fourteenth Amendments of a municipal ordinance prohibiting the solicitation of contributions by charitable organizations that do not use at least 75 percent of their receipts for "charitable purposes," those purposes being defined to exclude solicitation expenses, salaries, overhead, and other administrative expenses. The Court of Appeals held the ordinance unconstitutional. We affirm that judgment.
The Village of Schaumburg (Village) is a suburban community located 25 miles northwest of Chicago, Ill. On March 12, 1974, the Village adopted "An Ordinance Regulating Soliciting by Charitable Organizations," codified as Art. III of Chapter 22 of the Schaumburg Village Code (Code), which regulates the activities of "peddlers and solicitors," Code § 22-1 et seq. (1975). 2 [****7] [**829] Article III 3 provides that [*623] "[every] charitable [****6] organization, which solicits or intends to solicit contributions from persons in the village by door-to-door solicitation or the use of public streets and public ways, shall prior to such solicitation apply for a permit." [***79] § 22-20. 4 [*624] Solicitation of contributions for charitable organizations without a permit is prohibited and is punishable by a fine of up to $ 500 for each offense. Schaumburg Ordinance No. 1052, §§ 1, 8 (1974).
[****8] Section 22-20 (g), which is the focus of the constitutional challenge involved in this case, requires that permit applications, among other things, contain "[satisfactory] proof that at least seventy-five per cent of the proceeds of such solicitations will be used directly for the charitable purpose of the organization." 5 In determining whether an organization satisfies the 75-percent requirement, the ordinance provides that
"the following items shall not be deemed to be used for the charitable purposes of the organization, to wit:
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444 U.S. 620 *; 100 S. Ct. 826 **; 63 L. Ed. 2d 73 ***; 1980 U.S. LEXIS 78 ****
VILLAGE OF SCHAUMBURG v. CITIZENS FOR A BETTER ENVIRONMENT ET AL.
Subsequent History: [****1] Petition for Rehearing Denied April 14, 1980.
Prior History: CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
Disposition: 590 F.2d 220, affirmed.
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