Charity regulators use anonymity to cloak failures to follow the law

I’ve said it many times, charity regulators often fail to cite to any law supporting their demands made on registrants. Often their demands are either unsupported by the law or rely on lopsided and aggressive interpretations of the law.

Whenever you receive such a demand, your first reaction may be to reply by asking for […]

Significance of today’s release of Project Veritas videos and charity regulators

The Daily Caller broke the story about James O’Keefe’s Project Veritas latest sting. This one shows state Medicaid officials not only aiding scofflaws, but I imagine breaking some laws themselves.

My mantra about charity regulators is that they are the biggest violators of the laws that govern charitable solicitation. They are unaccountable, and that fosters […]

New Jersey Readies Another Dumb Regulation that Needs Your Opposition

I highly recommend this report from CharityGovernance.com. Mr. Siegel makes some excellent points about a proposed rule change from the New Jersey Division of Consumer Affairs.

I agree with the post. Well, maybe except where Mr. Siegel writes, “We like charity regulators, but this proposal if adopted, will be another example of regulatory laziness.”

We […]

What is a “public charity?”

I recently found this article written by two lawyers about the dual federal and state regulatory jurisdiction over charities, and how charity regulators and the Internal Revenue Service share information to regulate nonprofits.

The article asserts, “Public charities, created to benefit the public, have always been subject to state and federal regulation.” I don’t think […]

POCAA Adopted as Model Law by Uniform Law Commission

Lawyers meeting in the resort town of Vail, Colorado adopted the Protection of Charitable Assets Act (POCAA) according to a Uniform Law Commission news release.

POCAA would add yet another registration requirement for charities and religious organizations. It would also allow charity regulators to conduct investigations of covered entities under vague and very poorly defined […]

State Budget Cuts and Charity Regulators

Charities that receive taxpayer money are suffering as the result of state budget problems. States looking to cut their budgets should also look at their charity regulators.

States can cut back budgets for charity regulators and yet still increase the amount of information available to the general public and charity regulators themselves, as I explain […]

Are You Preserving Your Rights When You Register under Charitable Solicitation Laws?

Charitable solicitation laws require charities and their agents to register before the charity issues communications asking for contributions. That is unquestionably a prior restraint on First Amendment rights, but courts so far have managed to convince themselves that this particular prior restraint doesn’t violate the First Amendment.

I’m not convinced that will hold true in […]

Today’s News

The Uniform Law Commission meets in Vail, Colorado beginning today, and will consider adopting the Protection of Charitable Assets Act as a model state law. It’s a bad law. Did anyone seek your input about it? Were you even aware it was being written?

The Chronicle of Philanthropy: Lawmakers in [Massachusetts and Oregon] Strike Down […]

Charity Regulators and the Fourth Amendment

My piece in The Washington Examiner over the 4th of July explains how our Fourth Amendment rights have been devastated by judges, not by technology.

Charity regulators violate Fourth Amendment rights. The Protection of Charitable Assets Act (POCAA) being considered by the Uniform Law Commission would create another registration requirement for nonprofits and religious organizations. […]

Petition Signer Privacy Case Back in Court, and How Charity Regulators Endanger Victims of Domestic Violence and Sexual Crimes

Jim Bopp, an extraordinary lawyer representing a citizen coalition led by Protect Marriage Washington, is back in court in an important case, Doe # 1 v. Reed. The issue is whether Washington Secretary Reed may disclose the names and addresses of signers on a petition to add a referendum measure to the state ballot.

You […]