TELCO COMMUNICATIONS, INC., Plaintiff-Appellee,
v.
S. Mason CARBAUGH, as he is Commissioner of the Department of Agriculture and Consumer Services of the Commonwealth of Virginia, Defendant-Appellant,
State of Connecticut; State of Maryland; State of North Carolina; State of West Virginia, Amici Curiae,
Virginia State Lodge, Fraternal Order of Police, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 11, 1989.
Decided September 20, 1989.
Attorney(s) appearing for the Case
Guy Winston Horsley, Jr., Sr. Asst. Atty. Gen., Edward Paul Nolde, Asst. Atty. Gen., Richmond, Va. (Mary Sue Terry, Atty. Gen., Stuart, Va., H. Lane Kneedler, Chief Deputy Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., and Frank Seales, Jr., Sr. Asst. Atty. Gen., Nashville, Tenn., on brief), for defendant-appellant.
Peter Sanderson Brooks (Brooks & Brooks, Sherborn, Mass., John G. Douglass, Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, Va., Louis J. Scerra, Jr., and Goldstein & Manello, Boston, Mass., on brief), for plaintiff-appellee. (Clarine Nardi Riddle, Acting Atty. Gen., David E. Ormstedt, Asst. Atty. Gen., Lacy H. Thornburg, Pittsboro, N.C., J. Joseph Curran, Jr., Attys. Gen., James G. Klair, Asst. Atty. Gen., Baltimore, Md., and Ken Heckler, Secretary of State of West Virginia, on brief), for amici curiae, Connecticut, Maryland, North Carolina and West Virginia.
Errol Copilevitz, John P. Jennings, Jr., Copilevitz, Bryant, Gray & Jennings, P.C., Kansas City, Mo., Kevin R. Huennekens, Maloney, Yeatts & Barr, Richmond, Va., on brief, for amicus curiae, Virginia State Lodge, Fraternal Order of Police.
Before HALL and WILKINSON, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
WILKINSON, Circuit Judge:
In this case we must determine if four provisions of the Virginia charitable solicitation laws, Va.Code Ann. §§ 57-48 et seq., are constitutional. The first provision states that a professional solicitor must disclose to potential donors the percentage amount of a contribution that will go to the charitable organization for its own use. Va.Code Ann. § 57-55.1. The second requires professional solicitors to disclose in...
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