Are States Trying to Subvert Donor Privacy Since Bonta?
Oct 19, 2023
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Exploring the Supreme Court's Bonta decision and its impact on donor privacy. The concept of donor privacy and its connection to free speech. Concerns about leaks and protecting nonprofit groups' rights. Lack of understanding in government agencies about the First Amendment. Proactive laws implemented by some states to protect nonprofit donors. The potential impact of Congress making laws related to donor privacy. The motivations behind advocating for transparency in political donations and its potential deterrent effect on silenced groups.
Some states have enacted laws to protect donor privacy and prevent state agencies from collecting or disclosing nonprofit donor information unless required by law.
Federal-level challenges remain as Democratic leadership in Congress advocates for laws that would impose record-keeping and liability costs on nonprofit organizations, undermining the privacy and freedom of speech protections established by the Bonta ruling.
Deep dives
States' Response to Bonta Decision
The aftermath of the Bonta Supreme Court decision, which protected the privacy of nonprofit donors, has led to different responses from states. Some states have fallen in line by enacting laws that prevent state agencies from collecting or disclosing nonprofit donor information unless required by law. So far, 17 states have passed such laws. These proactive measures aim to safeguard individuals' ability to privately donate to nonprofit organizations and exercise their First Amendment rights.
Congress and the Push for Disclosure
Despite the Bonta decision, federal-level challenges remain. Democratic leadership in Congress is advocating for laws like the Disclose Act, the Honest Ads Act, and the Amicus Act, which would impose extensive record-keeping and liability costs on nonprofit organizations. These laws would also require organizations to publicly disclose their membership, undermining the privacy and freedom of speech protections established by the Bonta ruling. Politicians' arguments for disclosure often focus on the theoretical need for transparency, but there are clear motives to silence certain groups and drain their resources. Balancing transparency with protecting donors' privacy is an ongoing challenge at both the state and federal levels.
Since 2020's Bonta decision at the U.S. Supreme Court, states have broadly taken two approaches to donor privacy, according to Luke Wachob of People United for Privacy Foundation.