We live in a democracy where the First Amendment protects our freedom of speech and association for political, religious, cultural, or charitable purposes. Though attempts have been made, requirements for nonprofits to disclose supporters’ names and addresses to the government have failed.

Courts have consistently said the government must be cautious when requiring disclosure of individuals’ affiliations or support for causes, especially if it could discourage participation or cause harassment. In NAACP v. Alabama (1958), the Supreme Court unanimously struck down Alabama’s effort to force the NAACP to reveal its supporters, finding disclosure would expose them to economic harm, job loss, or physical threats, and that the state’s interest did not outweigh constitutional harm. In 2021, this was reaffirmed in Americans for Prosperity Foundation v. Bonta, when the Supreme Court struck down a California law requiring nonprofits to disclose major donors’ names and addresses annually, even in the absence of evidence of wrongdoing. The Court found this rule discouraged people from supporting causes, and that risks of exposure or misuse by officials made such disclosure unconstitutional, even if not made public.

All individuals deserve equal protection when privately associating, regardless of a cause’s popularity, the amount of donations, or a group’s political role. Privacy protects all voices; supporters have legitimate reasons to keep personal information private, and the government should not be trusted with donor details.

​Read more in our article: CL Donor Disclosure One-Pager