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Supreme Court strikes down California s nonprofit donor disclosure requirements: 4 questions answered
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Supreme Court protects donor privacy by striking down California law as unconstitutional
WASHINGTON (July 1, 2021) Today, in a 6 to 3 decision, the Supreme Court struck down [1] a California law that required all nonprofit groups in the state to reveal to the government the identities and addresses of their major donors who contributed more than $5,000 in a tax year (or more than 2 percent of the organization’s total contributions).
“Today’s ruling is a win for privacy and free speech. Mandatory donor disclosure would have seriously hindered the abilities of the civil rights movement of the 1960s and the more recent LGBTQ+ rights movement to achieve their historic victories. The right to speak freely includes the right to speak anonymously. And giving to a charity is, undoubtedly, a form of speech,” said Eli Lehrer, president of the R Street Institute.
Supreme Court strikes down California s nonprofit donor disclosure requirements: 4 questions answered
Dana Brakman Reiser, Brooklyn Law School
July 1, 2021
FacebookTwitterEmail Dana Brakman Reiser, Brooklyn Law School
(THE CONVERSATION) The Supreme Court tossed out a California law requiring nonprofits to report their major donors to state officials. In a 6-3 ruling, the court said the law, intended to fight fraud, subjected donors to potential harassment and violated their First Amendment rights. Dana Brakman Reiser, a legal scholar on nonprofits, explains the case, known as Americans for Prosperity v. Bonta, and the significance of the court’s decision. 1. What was the case about?
AP Photo/Evan Vucci
On Thursday, the U.S. Supreme Court struck down California’s law mandating that nonprofits turn over their lists of donors to the state. Back in 2015, then-Attorney General Kamala Harris (D-Calif.) demanded that two conservative nonprofits, Americans for Prosperity (AFP) and the Thomas More Law Center (TMLC), hand over their donor lists. This demand threatened to reveal the identities of donors, potentially subjecting them to threats and harassment.
By a 6-3 majority in
Americans for Prosperity v. Bonta (2021), the Court struck down the donor disclosure requirement, ruling that the disclosure mandate violated the Free Association Clause of the First Amendment. The Court declared the law “facially invalid” because it “burdens donors’ First Amendment rights and is not narrowly tailored to an important government interest.”
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