Plain-English summary
Court narrows California donor disclosure rule for charities, reverses Ninth Circuit
In Thomas More Law Center v. Bonta (No. 19-255), the Supreme Court held that California’s requirement that certain charities disclose major donors to the state must face strict scrutiny when it burdens non-electoral, expressive association rights. The Court reversed the Ninth Circuit and remanded the case for further proceedings.
Why this matters
The ruling raises the bar for states seeking donor information from charities and other advocacy groups when the disclosures meaningfully chill expressive association. It strengthens privacy protections for donors to non-electoral advocacy and may affect how states police charitable solicitations and enforce campaign-like transparency rules.
Who may feel it
- Charitable organizations and nonprofits that engage in advocacy
- Donors to charities and advocacy groups
- State charity regulators and attorneys general
- Legal advocates on both free-speech and transparency sides
Key questions
- Does a donor-disclosure rule that affects non-electoral expressive association require strict scrutiny or only exacting (lesser) scrutiny?
- Does California’s disclosure law violate charities’ and donors’ First Amendment rights on its face or as applied to the Thomas More Law Center?