Americans for Prosperity Foundation v. Becerra

Americans for Prosperity Foundation, a 501(c)(3) nonprofit, is challenging the state of California’s requirement that the organization provide to the state a list of its prominent donors’ names and addresses in order to operate. This donor disclosure requirement is a violation of each donor’s right to give privately to causes they believe in and creates a significant chilling effect on AFPF’s First Amendment right to associate. In the past, the state has proven unable to keep this information confidential. By revealing this private information, donors are susceptible to threats and intimidation.

In order to justify these First Amendment burdens, the state must show a compelling need for the disclosed information, something California has failed to do.