Client Alert: First Amendment Victory in U.S. Supreme Court: Unconstitutional to Require Charities to Disclose Donors’ Identities

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On July 1, 2021, Quinn Emanuel won a seminal First Amendment victory in the United States Supreme Court, protecting the rights of all nonprofits and their donors. The Court adopted our arguments as to why and how the First Amendment prohibits government from making sweeping, unjustified demands that charities disclose the identities of their individual donors. According to the Court’s decision in Americans for Prosperity Foundation v. Bonta, it is facially unconstitutional for the State of California to demand that charities report the names and addresses of their major donors. Chief Justice Roberts’ opinion for the Court is the most significant decision vindicating First Amendment associational freedom in almost 60 years.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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