State governments in some jurisdictions have been pushing forward with legislation that would require charitable organizations publicly to disclose the identities of their donors and the amounts of their charitable contributions. What!? Can the government do that?
Well, although there will probably be more court decisions to follow, a recent decision from a federal district court has issued its opinion about these issues.
According to this federal court, “[t]here is no question that public disclosure of donor identities burdens the First Amendment rights to free speech and free association.” The court also noted that public disclosure of donors’ identities and the amounts of their contributions would chill free speech, interfere with the donors’ rights of association (i.e., “the right to join together for the advancement of beliefs and ideas”), burden donors’ rights to privacy, and dilute the right to pool money through contributions.
Stay tuned.
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