While I think the stunt the restaurant is stupid, I have to say it is well within their 1A rights to do that.
I’m not sure if the first amendment covers fraudulent trade practices. Unless they actually send this money to Sarah Palin (assuming they collect any) they are collecting money fraudulently.
Perhaps they could cover their rears by having some fine print explaining that it’s a joke or some other way of conveying it’s not real.
Au Contraire, Mon Fraire! The Supreme Court has already ruled that free speech and money are two complete separate animals. Satire and sardonic humor are fiercely protected by the first amendment. But, the collection money, either to be distributed as employee tips or for distribution to charities or non-for-profit organizations is something that clearly falls to the purview of federal, state and local governments.
Now, this is Chi-Town, so this d-bag will be protected by the Chicago political machine. But, in another city, a fine or two could be coming his way.
They are in their rights as long as they are not collecting money in the jar. That would be illegal. ;-)
In one sense you are correct. They have every right in the world to put out a Sarah Palin collection jar, but if they are not going to actually give the money to Sarah Palin's campaign fund then the top of the jar must not have a slot in it so that money can be dropped in. This is illegal solicitation of funds, against the law in every state I know of.
Apparently they made money off of fraudulently collecting for George Bush's impeachment also. I hope the IRS and other agencies pay a visit to this fellow. This is no different than putting a Jar in a public place for the solicitation of funds for say "Orphans" and them pocketing the money.