"The flaw in the statute is that in all its applications, it operates on a fundamentally mistaken premise that high solicitation costs are an accurate measure of fraud"
About this Quote
The specific intent is to separate what looks bad from what is illegal. “High solicitation costs” feel like a scandal because they offend a donor’s intuitive bargain: my money should go to the cause, not the pitch. Legislators love that intuition because it’s legible and enforceable. Blackmun, by contrast, insists that fraud is about deception, not disappointment. A charity can be wasteful, incompetent, or aggressively compensated without making a single false statement; a sleek operation can mislead with a straight face. The statute, he implies, punishes the wrong thing because it confuses a moral judgment (greed, waste) with a legal one (misrepresentation).
The subtext is First Amendment-adjacent: when the state uses cost ratios as a proxy for fraud, it isn’t just regulating bookkeeping; it’s regulating persuasion. Fundraising is speech, and speech is messy, variable, and sometimes expensive - especially for unpopular causes, new organizations, or groups without wealthy networks. Cost becomes a stand-in for legitimacy, and the law ends up laundering political and cultural bias through “neutral” numbers.
Placed in context of late-20th-century battles over charitable solicitation and consumer protection, the sentence reads like a warning: when government criminalizes optics, it invites enforcement driven by taste, not truth.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Blackmun, Harry A. (2026, January 17). The flaw in the statute is that in all its applications, it operates on a fundamentally mistaken premise that high solicitation costs are an accurate measure of fraud. FixQuotes. https://fixquotes.com/quotes/the-flaw-in-the-statute-is-that-in-all-its-43605/
Chicago Style
Blackmun, Harry A. "The flaw in the statute is that in all its applications, it operates on a fundamentally mistaken premise that high solicitation costs are an accurate measure of fraud." FixQuotes. January 17, 2026. https://fixquotes.com/quotes/the-flaw-in-the-statute-is-that-in-all-its-43605/.
MLA Style (9th ed.)
"The flaw in the statute is that in all its applications, it operates on a fundamentally mistaken premise that high solicitation costs are an accurate measure of fraud." FixQuotes, 17 Jan. 2026, https://fixquotes.com/quotes/the-flaw-in-the-statute-is-that-in-all-its-43605/. Accessed 20 Feb. 2026.




