D.E.L.T.A. Rescue v. Bureau of Charitable Organizations

979 A.2d 415 (2009)

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D.E.L.T.A. Rescue v. Bureau of Charitable Organizations

Pennsylvania Commonwealth Court
979 A.2d 415 (2009)

Facts

D.E.L.T.A. Rescue (Delta) (plaintiff) was a charitable organization that operated an animal shelter in Acton, California, and was incorporated under California law. The Bureau of Charitable Organizations (bureau) (defendant) ordered Delta to pay a fine and to stop fundraising and solicitation activities in Pennsylvania after determining that Delta violated certain disclosure requirements of the Solicitation of Funds for Charitable Purposes Act (act). Section 13(c) of the act required that every printed solicitation or written confirmation, receipt, or reminder of a contribution include the following statement, conspicuously printed on the solicitation or receipt: “The official registration and financial information of (insert the legal name of the charity as registered with the department) may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1(800) 000-0000. Registration does not imply endorsement.” Delta appealed the bureau’s order, claiming that the disclosure requirement violated the First Amendment to the United States Constitution. The bureau argued that the statement was narrowly tailored to inform the public and prevent fraud. However, Delta contended that the required disclosure was unduly burdensome.

Rule of Law

Issue

Holding and Reasoning (Jubelirer, J.)

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