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Ryan v. Telemarketing Associates March 3, 2003 (01-1806) return to case listing Case Summary VietNow, a non-profit charitable organization, contracted with Respondents, professional fund-raisers, to make calls on their behalf in order to raise funds. Pursuant to the contract, Respondents kept more than 85 percent of the donations they raised. The Illinois Attorney General brought a fraud action Respondents based on their failure to disclose the percentage of the funds raised that they retained. Respondents argued that charitable solicitations are protected speech under the First Amendment. The Illinois Supreme Court held that the Attorney General's suit impermissibly limits Respondents' First Amendment rights to engage in solicitation. The opinion of the Illinois Supreme Court is found at 763 N.E.2d 289. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 7-2 to Reverse 6-3 to Affirm 6-3 to Affirm 7-2 to Affirm 9-0 to Reverse VOTING TO REVERSE Rehnquist Stevens O'Connor Scalia Kennedy Thomas Breyer Rehnquist O'Connor Breyer Rehnquist O'Connor Breyer Rehnquist O'Connor Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Souter Ginsburg Stevens Scalia Kennedy Souter Thomas Ginsburg Stevens Scalia Kennedy Souter Thomas Ginsburg Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer   return to case listing