The Combined Federal Campaign (CFC) is an annual charity drive in which profit organizations that receive funds through the CFC to compare the names of their employees against the names on terrorist watch lists and then notify the federal government of any matches. If an organization refuses to abide by this mandate, it is prohibited from soliciting and receiving donations through the CFC. This new requirement presents a question of first impression for the courts When the issue makes its way into a courtroom, the courts may be tempted to follow the analysis of Cornelius v. NAACP Legal Defense and Educational Fund by considering the issue under the public forum doctrine of the First Amendment. This note recommends that the courts refrain from a First Amendment analysis and instead consider the new requirement under the doctrine of unconstitutional conditions. The doctrine of unconstitutional conditions prohibits the government from affording a gratuitous benefit on the condition that the beneficiary relinquish a constitutional right."
Note, Unreasonable Conditions Impeding Our Nation's Charities: An Unconstitutional Condition in the Combined Federal Campaign , 53 Clev. St. L. Rev. 689 (2005-2006)