Plain-English summary
Court holds California cannot broadly demand donor names from nonprofits without protecting privacy
The Supreme Court decided in Americans for Prosperity Foundation v. Bonta that California’s requirement that charities hand over donor lists (Schedule B) to the state without sufficient privacy protections violates the First Amendment. The Court reversed the Ninth Circuit and sent the case back for further proceedings.
Why this matters
The decision protects the privacy of nonprofit donors by making it harder for state officials to collect and keep lists of major donors without showing a genuine state interest and appropriate safeguards. That affects how states regulate charities and how nonprofits weigh whether to comply with donor-disclosure rules.
Who may feel it
- Nonprofit organizations and charities that solicit donations
- Donors to nonprofits who may wish to remain private
- State attorneys general and charity regulators
- Advocacy groups and civil liberties organizations
Key questions
- Whether the First Amendment’s exacting scrutiny for compelled disclosure of associational information applies and can be satisfied when a state demands donor lists from charities outside the election context
- Whether California’s requirement that charities file Schedule B donor lists with the Attorney General, without stronger protections against disclosure or misuse, is narrowly tailored to an important governmental interest