Supreme Court to Decide Whether the First Amendment Protects Donor Privacy
January 11, 2021
The Supreme Court has granted review in Americans for Prosperity v. Becerra to decide whether the First Amendment protects donors to charities from compulsory disclosure of their identifying information. A California law requires charitable organizations to identify donors who contribute above a certain amount annually in a form filed with the state. Americans for Prosperity and other charitable organizations challenged the law, arguing that the reporting requirement violates First Amendment rights to speech and association. The Ninth Circuit ruled that the law did not violate the First Amendment. EPIC filed an amicus brief in the Ninth Circuit, arguing that donor privacy is an important tradition and that, contrary to California's assurances, the data was at risk of public disclosure. EPIC frequently files briefs in First Amendment cases, including several before the Supreme Court.