Munson (plaintiff) was a professional fundraiser for non-profit organizations. After being threatened with prosecution, Munson filed suit in state court against the Secretary of State of Maryland (defendant) to challenge the constitutionality of a state statute that prohibited a charitable organization from soliciting donations unless the organization applied no less than 75 percent of its fundraising receipts to charitable purposes. The statute provided an exemption to the prohibition for organizations that could demonstrate that the limitation would defeat their ability to effectively raise funds. The state court of appeals held that the statute was void for being unconstitutionally overbroad. The Secretary of State petitioned the United States Supreme Court for review.