Matt Nese from People United for Privacy Foundation discusses the ongoing challenges nonprofit donors face in protecting their privacy rights. Topics include state efforts to undermine donor privacy, the chilling effect on advocacy groups, and the contrast between anti-privacy actions and a growing pro-privacy movement in different states.
States are challenging donor privacy despite legal protections, creating compliance and free speech concerns.
A pro-privacy movement is growing, advocating for legislative protection of nonprofit donors' privacy rights.
Deep dives
AFP Fibanta Decision and Donor Privacy
The podcast discusses the significance of the AFP Fibanta decision, which reinforced the protection of donor privacy by limiting states' access to nonprofit donor lists. This decision aligns with historical Supreme Court precedents dating back to the late 50s, emphasizing the importance of keeping donor identities private. Despite the ruling and support from a diverse range of groups, states continue to challenge donor privacy, with examples like California's demand for donor lists from nonprofits. The ongoing battle highlights the crucial need to safeguard individuals' privacy rights when supporting various causes.
State Efforts to Circumvent Donor Privacy Protections
Various states, exemplified by Arizona, are attempting to circumvent donor privacy protections through measures like Proposition 211. This measure expands disclosure requirements to include any issue-related speech, creating compliance challenges and impacting nonprofit activities. Arizona's law, now subject to litigation, has influenced similar measures in states like Oklahoma and Oregon, prompting concerns about the chilling effects on free speech and advocacy. Despite legal challenges, the coercive impact on speech and donor privacy remains a pressing issue.
Pro-Privacy Movements and Legislative Initiatives
In response to threats against donor privacy, a pro-privacy movement has emerged in multiple states, advocating for legislation to safeguard nonprofit donors' privacy from government intrusion. States like Alabama have passed unanimous measures protecting donor privacy, reflecting a bipartisan recognition of the importance of privacy rights. This growing movement indicates a counterbalance to anti-privacy activism, emphasizing the universal significance of safeguarding individuals' rights to support causes without fear of exposure or reprisal.
The privacy of donors who give to nonprofits deserves protection, and indeed the Supreme Court has protected that privacy on more than one occasion. Some states aren't getting the message. Matt Nese of People United for Privacy Foundation explains how.