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ARTICLE · 28 APRIL 2016

State Disclosure Laws Suffer A Setback

The ability of an interest group to challenge the constitutionality of mandated public donor disclosure was first established in 1958 by the U.S. Supreme Court in NAACP v. Alabama.

United StatesCorporate/Commercial Law

Federal court grants charitable nonprofit's request for permanent injunction blocking California AG's request for unredacted donor disclosure data

Late last week, the US District Court for the Central District of California struck a blow against the California Attorney General's Office and other supporters of the state's ongoing efforts to expand the public disclosure of nonprofit donor identity data. By granting the plaintiff's permanent injunction request in the matter of Americans for Prosperity Foundation v. Harris, the court effectively declared unconstitutional – at least "as applied" to Americans for Prosperity Foundation ("AFPF") – the Attorney General's implementation and interpretation of a California law requiring charitable organizations to file the names and addresses of their large donors with the state's public registry. The ruling, which comes on the heels of a 2015 decision by the US Court of Appeals for the Ninth Circuit holding that the same

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