On July 1, 2021, the Supreme Court issued its decision in Americans for Prosperity Foundation v. Bonta, Attorney General of California. California state law required charitable organizations soliciting donors in the state to register with the California attorney general. To file, charities had to submit their IRS Form 990 along with all schedules, including Schedule B, which discloses donor names and information.

Two conservative organizations refused to submit Schedule B and ultimately sued, arguing that the compelled disclosure of their donor lists violated their First Amendment right to freedom of association. Disclosure would make their donors less likely to donate or associate with the charities of their choice.

The case went through multiple appeals to the Ninth Circuit, finally arriving in the Supreme Court, which cited NAACP v. Alabama, clarified the applicable exacting scrutiny standard, and held California’s Schedule B disclosure requirement facially unconstitutional.

Featuring:

Erik Jaffe, Partner, Schaerr Jaffe LLP

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