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Cato Daily Podcast

Are States Trying to Subvert Donor Privacy Since Bonta?

Oct 19, 2023
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.
10:51

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Quick takeaways

  • 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.

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