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19-251 AMERICANS FOR PROSPERITY V. BONTA DECISION BELOW: 903 F.3d 1000 CONSOLIDATED WITH 19-255 FOR ONE HOUR ORAL ARGUMENT. ORDER OF APRIL 5, 2021: THE MOTION OF PETITIONERS FOR DIVIDED ARGUMENT IS DENIED. THE MOTION OF PETITIONERS FOR ENLARGEMENT OF TIME FOR ORAL ARGUMENT, AND THE MOTION OF THE ACTING SOLICITOR GENERAL FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT AS AMICUS CURIAE AND FOR DIVIDED ARGUMENT ARE GRANTED, AND THE TIME IS ALLOTTED AS FOLLOWS: 30 MINUTES FOR PETITIONERS, 10 MINUTES FOR THE ACTING SOLICITOR GENERAL, AND 30 MINUTES FOR RESPONDENT. CERT. GRANTED 1/8/2021 QUESTION PRESENTED: Whether the exacting scrutiny this Court has long required of laws that abridge the freedoms of speech and association outside the election context—as called for by NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), and its progeny—can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest. LOWER COURT CASE NUMBER: 16-55727, 16-55786
The U.S. Supreme Court case, Americans for Prosperity Foundation v. Bonta (2020), revolved around a California law requiring charities to disclose their major donors to the state's attorney general. The plaintiffs, two conservative nonprofits - Americans for Prosperity Foundation and Thomas More Law Center, argued that this requirement violated their First Amendment rights by deterring potential contributors due to fear of public backlash or harassment if their identities were disclosed. They also claimed it could lead to targeted governmental abuse or bias against organizations with differing viewpoints. The defendant was Rob Bonta in his official capacity as the Attorney General of California who maintained that these disclosures helped prevent fraud and misuse of charitable funds while being kept confidential within his office without any public disclosure unless required by court order during litigation proceedings. However, the Supreme Court ruled in favor of the plaintiffs stating that such compulsory donor disclosure requirements indeed posed significant risks on freedom of association under First Amendment protections.
The dissenting opinion in the case of Americans for Prosperity Foundation v. Bonta, argued that California's requirement for charities to disclose their major donors does not violate the First Amendment rights. The justices contended that this disclosure requirement is a justified means of preventing charitable fraud and ensuring accountability among nonprofit organizations. They believed that any potential chilling effect on free speech or association was speculative at best, and did not outweigh the state's interest in regulating nonprofits effectively. Furthermore, they pointed out that such information is kept confidential by law enforcement officials and is not made public unless necessary during legal proceedings. Therefore, they disagreed with the majority ruling which struck down California’s donor-disclosure requirement as unconstitutional.