Skip to main content

No. 19-251October Term 2019Decided Jul 1, 2021

Docket 19-251October Term 2019 (2019–2020)

Americans for Prosperity Foundation v. Bonta

At this stage, the case is about whether California can require broad donor disclosure from nonprofits without a tighter fit to its investigative goals.

Case status

Current stage
Decided
Latest event
Decision released Jul 1, 2021
Case Accepted
Arguments
Decision ReleasedJul 1, 2021
What it's about

This case was about a California rule requiring charities that raise money in the state to give the attorney general the names and addresses of their major donors. The charities argued that forcing this disclosure burdened donors’ privacy and freedom of association under the First Amendment.

Question presented

Whether the exacting scrutiny this Court has long required of laws that abridge the freedoms of speech and association outside the election context — as called for by NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), and its progeny — can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jul 1, 2021

Area

First Amendment, Elections

Briefing

What it's about

The case challenges a California rule that requires charities raising money in the state to give the attorney general the names and addresses of major donors. The charities say that forced disclosure burdens donor privacy and the First Amendment rights of speech and association.

Impact

The case could affect how much personal information governments can demand from nonprofit groups and their supporters. For example, a donor to an advocacy charity may worry that disclosure could expose private beliefs or discourage future giving.

What's next

Watch for the Court to schedule oral argument or make another docket move. No decision window is available yet.

What is the main fight in Americans for Prosperity Foundation v. Bonta?

The main fight is over California's demand for major donors' names and addresses from charities. The nonprofits say that requirement chills private association and speech.

Who could feel the effects if the Court sides with either side?

Nonprofits, donors, and state regulators could all be affected. A stricter rule could protect donor anonymity, while a broader rule could help state charity oversight.

What should court watchers look for next in this case?

The next key step is whether the Supreme Court schedules oral argument. Until then, there is no set timetable for a final answer from the Court.

Decision

Decision record

What the Court decided

At this stage, the case is about whether California can require broad donor disclosure from nonprofits without a tighter fit to its investigative goals.

Impact

The case could affect how much personal information governments can demand from nonprofit groups and their supporters. For example, a donor to an advocacy charity may worry that disclosure could expose private beliefs or discourage future giving.

Not official Court text.

Opinion documents

Timing

Decided July 1, 2021

The Court released its decision on July 1, 2021 without hearing oral argument.