U.S. Supreme Court To Review Right To Donor Privacy

The Supreme Court of the United States has decided to hear two connected cases relating to donor disclosure.

The cases, Thomas More Law Center v. Becerra and Americans for Prosperity Foundation v. Becerra, are legal challenges by conservative nonprofit organizations to a California policy that requires nonprofits to disclose their major donors to the California Attorney General’s Office. (This policy was created by then-Attorney General Kamala Harris and was continued by Attorney General Xavier Becerra.) However, as Alliance Defending Freedom (ADF) and Focus on the Family have pointed out, the California Attorney General has a history of leaking donor information. Given the history of harassment and reprisals directed at donors to conservative groups, this policy is problematic. To make matters worse, the state of California threatened to bar nonprofits from fundraising in California if they failed to comply with the policy. The plaintiff organizations have challenged this policy on constitutional grounds.  

New Yorkers for Constitutional Freedoms welcomes the Court’s decision to hear this case. Realizing that this case could impact donors here, New Yorker’s Family Research Foundation, NYCF’s educational arm, joined our allies around the nation in an amicus brief. No one should be deterred from donating to an organization or a cause because of fear that they will be exposed and blackballed for having an unpopular view.