In the case of Secretary of State of Maryland v. Joseph H. Munson Co., Inc., 1983, the Supreme Court ruled that a Maryland law limiting how much charitable organizations could pay to professional fundraisers was unconstitutional because it violated First Amendment rights. The state argued that the law was necessary to prevent fraud and protect philanthropic donations from being excessively used for administrative costs rather than going directly towards their intended causes. However, the court held in a 5-4 decision that while preventing fraud is indeed an important interest, this particular statute wasn't narrowly tailored enough to achieve its goal without infringing on free speech rights. It also noted there were other less restrictive ways available for Maryland to combat potential fundraising abuses.

In the dissenting opinion for Secretary of State of Maryland v. Joseph H. Munson Co., Inc., Justice White argued that the majority's decision to strike down a Maryland law limiting fundraising expenses by charities was incorrect. He believed that states should have broad authority to regulate charitable solicitations, as they are uniquely positioned to protect their citizens from fraud and excessive solicitation costs. According to him, the court failed in its duty by not deferring more heavily towards state regulation in this area, particularly when it comes to protecting public trust and confidence in charitable organizations. Furthermore, he disagreed with the majority's view that there were less restrictive alternatives available for achieving these goals; instead arguing that such options would be ineffective or unworkable due to practical considerations like enforcement difficulties or increased administrative burdens on charities.