larson
valente
argued
december
decided
april
section
subd
minnesota
charitable
solicitations
act
provides
religious
organizations
receive
half
total
contributions
members
affiliated
organizations
exempt
registration
reporting
requirements
act
individual
appellees
claiming
followers
tenets
appellee
unification
church
later
joined
plaintiff
brought
suit
federal
district
seeking
declaration
statute
face
applied
violated
inter
alia
establishment
clause
first
amendment
also
seeking
injunctive
relief
obtaining
preliminary
injunction
appellees
moved
summary
judgment
upon
finding
overbreadth
doctrine
gave
appellees
standing
challenge
statute
magistrate
action
transferred
held
application
statute
religious
organizations
violated
establishment
clause
therefore
recommended
declaratory
permanent
injunctive
relief
district
accepting
recommendation
entered
summary
judgment
appellees
appeals
affirmed
standing
issue
merits
disagreeing
district
conclusion
appellees
others
enjoy
exemption
act
merely
claiming
organizations
held
proof
status
required
order
gain
exemption
left
question
appellees
status
open
development
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vacated
district
judgment
remanded
entry
modified
injunction
proceedings
held
appellees
art
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standing
raise
establishment
clause
claims
state
attempted
use
subd
fifty
per
cent
rule
compel
unification
church
register
report
act
fact
fifty
per
cent
rule
applies
religious
organizations
compels
conclusion
least
purposes
suit
challenging
application
appellee
unification
church
religious
organization
within
meaning
act
controversy
parties
rendered
less
concrete
fact
appellants
course
litigation
changed
position
contend
unification
church
religious
organization
within
meaning
act
therefore
entitled
exemption
subd
even
fifty
per
cent
rule
declared
unconstitutional
threatened
application
subd
fifty
per
cent
rule
appellees
amounts
distinct
palpable
injury
disables
soliciting
contributions
minnesota
unless
comply
registration
reporting
requirements
act
moreover
causal
connection
claimed
injury
challenged
conduct
fact
appellees
yet
shown
entitlement
permanent
injunction
barring
state
subjecting
act
registration
reporting
requirements
detract
palpability
particular
discrete
injury
caused
appellees
pp
section
subd
setting
precisely
sort
official
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preference
forbidden
first
amendment
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clause
pp
since
challenged
statute
grants
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suspect
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pp
assuming
arguendo
appellants
asserted
interest
preventing
fraudulent
solicitations
compelling
interest
appellants
nevertheless
failed
demonstrate
subd
fifty
per
cent
rule
closely
fitted
interest
appellants
argument
contrary
based
three
premises
members
religious
organization
exercise
supervision
control
solicitation
activities
organization
membership
contributions
exceed
fifty
per
cent
membership
control
assuming
existence
adequate
safeguard
abusive
solicitations
public
need
public
disclosure
rises
proportion
percentage
nonmember
contributions
substantial
support
record
premises
pp
principal
effect
subd
fifty
per
cent
rule
impose
act
registration
reporting
requirements
religious
organizations
others
risk
politicizing
religion
inhering
statute
obvious
pp
brennan
delivered
opinion
marshall
blackmun
powell
stevens
joined
stevens
filed
concurring
opinion
post
white
filed
dissenting
opinion
rehnquist
joined
post
rehnquist
filed
dissenting
opinion
burger
white
joined
post
larry
salustro
special
assistant
attorney
general
minnesota
argued
cause
appellants
briefs
warren
spannaus
attorney
general
pro
se
william
marshall
special
assistant
attorney
general
barry
fisher
argued
cause
appellees
brief
david
grosz
robert
moest
briefs
amici
curiae
urging
affirmance
filed
charles
sims
bruce
ennis
american
civil
liberties
union
et
al
nathan
dershowitz
american
jewish
congress
lee
boothby
americans
separation
church
state
fund
robert
toms
center
law
religious
freedom
christian
legal
society
robert
nixon
general
conference
adventists
et
al
greater
minneapolis
association
evangelicals
justice
brennan
delivered
opinion
principal
question
presented
appeal
whether
minnesota
statute
imposing
certain
registration
reporting
requirements
upon
religious
organizations
solicit
fifty
per
cent
funds
nonmembers
discriminates
organizations
violation
establishment
clause
first
amendment
appellants
john
larson
commissioner
securities
warren
spannaus
attorney
general
state
minnesota
virtue
offices
responsible
implementation
enforcement
minnesota
charitable
solicitations
act
stat
supp
act
effect
since
provides
system
registration
disclosure
respecting
charitable
organizations
designed
protect
contributing
public
charitable
beneficiaries
fraudulent
practices
solicitation
contributions
purportedly
charitable
purposes
charitable
organization
subject
act
must
register
minnesota
department
commerce
may
solicit
contributions
within
state
certain
specified
exceptions
charitable
organizations
registering
must
file
extensive
annual
report
department
detailing
inter
alia
total
receipts
income
sources
costs
management
fundraising
public
education
transfers
property
funds
state
along
description
recipients
purposes
transfers
department
authorized
act
deny
withdraw
registration
charitable
organization
department
finds
public
interest
organization
found
engaged
fraudulent
deceptive
dishonest
practices
subd
supp
charitable
organization
deemed
ineligible
maintain
registration
act
expends
agrees
expend
unreasonable
amount
management
general
fundraising
costs
costs
presumed
unreasonable
exceed
thirty
per
cent
organization
total
income
revenue
subd
supp
religious
organizations
exempted
requirements
act
effective
march
minnesota
legislature
amended
act
include
fifty
per
cent
rule
exemption
provision
covering
religious
organizations
subd
fifty
per
cent
rule
provided
religious
organizations
received
half
total
contributions
members
affiliated
organizations
remain
exempt
registration
reporting
requirements
act
laws
ch
shortly
enactment
subd
department
notified
appellee
holy
spirit
association
unification
world
christianity
unification
church
required
register
act
newly
enacted
provision
appellees
valente
barber
haft
korman
claiming
followers
tenets
unification
church
responded
bringing
present
action
district
district
minnesota
appellees
sought
declaration
act
face
applied
subd
fifty
per
cent
rule
constituted
abridgment
first
amendment
rights
expression
free
exercise
religion
well
denial
right
equal
protection
laws
guaranteed
fourteenth
amendment
appellees
also
sought
temporary
permanent
injunctive
relief
appellee
unification
church
later
joined
plaintiff
stipulation
parties
action
transferred
magistrate
obtaining
preliminary
injunction
appellees
moved
summary
judgment
appellees
evidentiary
support
motion
included
declaration
appellee
haft
described
detail
origin
religious
principles
practices
unification
church
app
declaration
stated
among
activities
emphasized
church
proselytizing
solicitation
funds
support
church
application
act
church
subd
fifty
per
cent
rule
deny
members
religious
freedom
appellees
also
argued
discriminating
among
religious
organizations
subd
fifty
per
cent
rule
violated
establishment
clause
appellants
replied
act
infringe
appellees
freedom
exercise
religious
beliefs
appellants
sought
distinguish
present
case
murdock
pennsylvania
invalidated
municipal
ordinance
required
licensing
jehovah
witnesses
solicited
donations
exchange
religious
literature
arguing
unlike
activities
petitioners
murdock
appellees
solicitations
bore
substantial
relationship
religious
expression
therefore
outside
protection
first
amendment
appellants
also
contended
act
violate
establishment
clause
finally
appellants
argued
appellees
entitled
challenge
act
demonstrated
unification
church
religion
fundraising
activities
religious
practice
magistrate
determined
however
necessary
resolve
questions
whether
unification
church
religion
whether
appellees
activities
religiously
motivated
order
reach
merits
appellees
claims
rather
found
overbreadth
doctrine
gave
appellees
standing
challenge
act
constitutionality
merits
magistrate
held
act
facially
unconstitutional
respect
religious
organizations
therefore
entirely
void
organizations
subd
fifty
per
cent
rule
failed
second
three
establishment
clause
tests
set
forth
lemon
kurtzman
magistrate
also
held
due
process
grounds
certain
provisions
act
unconstitutional
applied
groups
persons
claiming
exemption
act
magistrate
therefore
recommended
inter
alia
appellees
granted
declarative
permanent
injunctive
relief
sought
namely
declaration
act
unconstitutional
applied
religious
organizations
members
injunction
enforcement
act
religious
organization
accepting
recommendations
district
entered
summary
judgment
favor
appellees
issues
appeal
appeals
eighth
circuit
affirmed
part
reversed
part
issue
standing
appeals
affirmed
district
application
overbreadth
doctrine
citing
village
schaumburg
citizens
better
environment
proposition
litigant
whose
activities
unprotected
may
nevertheless
challenge
statute
showing
substantially
abridges
first
amendment
rights
parties
merits
appeals
affirmed
district
holding
inexplicable
religious
classification
embodied
fifty
per
cent
rule
subd
violated
establishment
clause
applying
minnesota
rule
severability
appeals
also
held
subd
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stricken
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fifty
per
cent
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subd
disagreed
district
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appellees
others
enjoy
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merely
claiming
organizations
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proof
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gain
exemption
left
question
appellees
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open
development
appeals
accordingly
vacated
judgment
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remanded
action
entry
modified
injunction
appropriate
proceedings
noted
probable
jurisdiction
ii
appellants
argue
appellees
entitled
heard
establishment
clause
claims
rationale
argument
shifted
however
litigation
progressed
appellants
position
courts
unification
church
religion
importantly
appellees
solicitations
connected
religious
purpose
premises
appellants
concluded
appellees
entitled
raise
establishment
clause
claims
demonstrated
activities
within
protection
clause
courts
rejected
conclusion
instead
applying
overbreadth
doctrine
order
allow
appellees
raise
establishment
clause
claims
appellants
taken
entirely
new
tack
argue
unification
church
religious
organization
within
meaning
minnesota
charitable
solicitations
act
church
therefore
entitled
exemption
subd
even
fifty
per
cent
rule
declared
unconstitutional
new
premise
appellants
conclude
courts
erred
invalidating
subd
fifty
per
cent
rule
without
first
requiring
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able
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rule
thus
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considered
appellants
rationales
hold
neither
merit
essence
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inquiry
whether
parties
seeking
invoke
jurisdiction
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controversy
assure
concrete
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sharpens
presentation
issues
upon
largely
depends
illumination
difficult
constitutional
questions
duke
power
carolina
environmental
study
group
quoting
baker
carr
requirement
personal
stake
must
consist
distinct
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injury
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duke
power
supra
quoting
warth
seldin
fairly
traceable
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claimed
injury
challenged
conduct
duke
power
supra
quoting
arlington
heights
metropolitan
housing
dev
application
constitutional
standards
record
us
factual
findings
district
convince
us
art
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appellees
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appellees
registration
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premise
precludes
position
church
religious
organization
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entirely
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uphold
constitutionality
fifty
per
cent
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state
without
insist
upon
church
registration
state
changed
position
purports
find
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bases
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church
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considering
development
case
courts
recognizing
premise
inherent
state
attempt
apply
fifty
per
cent
rule
appellees
think
state
change
position
renders
controversy
parties
less
concrete
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appellants
chose
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subd
fifty
per
cent
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statutory
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church
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religious
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compulsion
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appellees
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soliciting
contributions
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minnesota
unless
church
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reporting
requirements
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minimis
surely
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fifty
per
cent
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see
infra
appellees
yet
shown
entitlement
entirety
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namely
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injunction
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fact
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rule
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arlington
heights
metropolitan
housing
dev
church
may
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compelled
ultimately
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ground
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appellees
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appellants
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clearly
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justice
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appellees
art
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appellees
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appellees
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washington
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columbia
cir
burger
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appellees
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merits
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vitality
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madison
noted
security
civil
rights
must
religious
rights
consists
one
case
multiplicity
interests
multiplicity
sects
madison
vision
freedom
religion
guaranteed
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every
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propagate
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atmosphere
official
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thus
guaranteed
legislators
voters
required
accord
religions
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given
small
new
unpopular
denominations
justice
jackson
noted
another
context
effective
practical
guaranty
arbitrary
unreasonable
government
require
principles
law
officials
impose
upon
minority
must
imposed
generally
railway
express
agency
new
york
concurring
opinion
since
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board
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adhered
principle
clearly
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history
logic
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pass
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aid
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government
must
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comes
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sects
epperson
arkansas
stated
unambiguously
first
amendment
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governmental
neutrality
religion
religion
state
may
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practices
aid
oppose
religion
prohibition
absolute
citing
abington
school
district
schempp
justice
goldberg
cogently
articulated
relationship
establishment
clause
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exercise
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said
fullest
realization
true
religious
liberty
requires
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favoritism
among
sects
work
deterrence
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abington
school
district
supra
short
presented
state
law
granting
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precedents
demand
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fifty
per
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subd
clearly
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invalidated
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cf
widmar
vincent
unless
closely
fitted
interest
murdock
pennsylvania
standard
review
mind
turn
examination
governmental
interest
asserted
appellants
appellants
assert
acknowledge
state
minnesota
significant
interest
protecting
citizens
abusive
practices
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charity
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religious
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appellants
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appellants
argue
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urge
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appellants
note
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minnesota
law
members
organizations
greater
access
nonmembers
financial
records
organization
appellants
conclude
safeguards
membership
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exist
need
public
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regarding
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simply
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justify
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appellants
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offered
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minnesota
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charitable
organizations
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public
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upon
regulate
state
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appellants
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charities
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organizations
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registration
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forms
sought
appellees
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fortney
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attorney
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minnesota
notice
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read
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part
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session
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requirements
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organizations
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charitable
solicitation
law
nature
solicitation
appears
holy
spirit
association
unification
world
christianity
must
complete
charitable
organization
registration
statement
submit
minnesota
department
commerce
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organization
registration
statement
must
accompanied
financial
statement
fiscal
year
last
ended
enclosing
proper
forms
information
sheet
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fortney
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appellees
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missionaries
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church
california
nonprofit
religious
corporation
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organization
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revenue
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state
minnesota
findings
later
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magistrate
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appellants
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appellees
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first
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renner
civ
dc
appellants
argued
appellees
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numerous
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unification
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thomas
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summa
theologica
second
part
part
ii
question
arts
augustine
city
god
book
xix
ch
noted
gillette
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weakness
petitioners
establishment
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minnesota
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lemon
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altogether
refute
assertion
fifty
percent
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sole
basis
state
attempt
compel
registration
consequent
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invalidation
rule
mean
church
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register
report
act
ante
already
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fifty
percent
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absolutely
effect
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obligation
register
report
charitable
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act
see
supra
indeed
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even
require
state
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role
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led
conclude
church
indeed
religious
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meaning
act
ante
compulsion
disregard
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evidence
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district
faulty
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entire
standing
analysis
appellants
chose
apply
subd
fifty
per
cent
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sole
statutory
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act
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utter
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premise
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see
supra
even
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state
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considered
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properly
lead
conclusion
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fact
organization
factual
determinations
sort
made
state
courts
construing
minnesota
statute
attorneys
minnesota
attorney
general
office
saying
attorney
general
admitted
enforcement
action
association
religious
organization
within
meaning
act
ventured
realm
state
evidentiary
law
competence
business
worth
noting
even
appeals
take
liberties
record
held
bare
assertion
without
production
evidence
simply
sufficient
sustain
assertion
unification
church
religious
organization
quoting
berg
even
questionable
finding
fact
judicial
wizardry
shifts
burden
proof
concludes
without
citation
supporting
authority
declaration
subd
fifty
percent
rule
unconstitutional
put
state
task
demonstrating
unification
church
religious
organization
within
meaning
act
ante
emphasis
added
conclusion
directly
conflicts
minnesota
statute
requires
registration
reporting
act
state
demonstrates
organization
charitable
within
meaning
see
supra
becomes
incumbent
organization
show
qualifies
one
act
several
exemptions
case
show
religious
organization
within
meaning
subd
change
state
regulatory
scheme
judicial
fiat
transparent
attempt
manufacture
redressability
none
exists
see
infra
see
valley
forge
christian
college
americans
separation
church
state
watt
energy
action
educational
foundation
gladstone
realtors
village
bellwood
duke
power
carolina
environmental
study
group
arlington
heights
metropolitan
housing
dev
warth
seldin
linda
richard
attempts
finesse
fact
stating
plaintiff
satisfies
redressability
requirement
shows
favorable
decision
relieve
discrete
injury
need
show
favorable
decision
relieve
every
injury
ante
emphasis
original
true
though
statement
may
appellees
failed
demonstrate
favorable
decision
relieve
injury
decision
alter
statutory
requirement
association
register
act
expands
exemption
appellees
benefit
prove
association
religious
organization
within
meaning
act
another
point
opinion
acknowledges
course
church
assured
continued
exemption
even
absence
fifty
per
cent
rule
fact
means
detracts
palpability
appellees
injury
ante
citation
omitted