News & Analysis as of

Nonprofits First Amendment

Venable LLP

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

Lowenstein Sandler LLP

Fearless Fund Litigation Update – What Nonprofits and Other Private Actors Should Know

Lowenstein Sandler LLP on

On June 3, 2024, a divided U.S. Court of Appeals for the Eleventh Circuit issued a decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, No. 23-13138 (11th Cir., June 3, 2024) (“Fearless Fund”)...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Courts of Appeals Block Two Legal Efforts to Curb DEI Initiatives

Based on First Amendment concerns, the Eleventh Circuit has blocked enforcement of provisions in Florida’s Stop WOKE Act that would restrict mandatory trainings endorsing DEI concepts. The Second Circuit has rejected a...more

Roetzel & Andress

Is the After School Satan Club Coming to Your School District?

Roetzel & Andress on

The decision of the U.S. District Court for the Eastern District of Pennsylvania in Satanic Temple, Inc. v. Saucon Valley School District, ___ F.Supp.3d ___, 2023 WL 3182934, 2023 U.S. Dist. LEXIS 75001 (May 1, 2023) is a...more

Allen Matkins

Are Religious Corporations Constitutional?

Allen Matkins on

Like Gaul, the California Nonprofit Corporation Law has three major parts ("Gallia est omnis divisa in partes tres').  These three parts govern the formation and operation of three different types of nonprofit corporations:...more

ArentFox Schiff

Nonprofits Find Much to Like in This Week's Supreme Court Decision 

ArentFox Schiff on

The US Supreme Court – once again – sided with advocates of the First Amendment in a decision striking an unconstitutional limit on campaign speech. In a 6-3 ruling, the Supreme Court struck a $250,000 limit on the...more

Morgan Lewis

NY Attorney General Suspends Schedule B Collection in Response to US Supreme Court Decision

Morgan Lewis on

Charities registered in New York will no longer be required to submit Schedule B of IRS Form 990 to the New York Attorney General. Schedule B collection has been suspended as of July 30, 2021. On July 1, 2021, the US Supreme...more

Snell & Wilmer

U.S. Supreme Court Finds California Disclosure Requirement Unconstitutional as Infringement on First Amendment Associational...

Snell & Wilmer on

On July 1, 2021, the U.S. Supreme Court issued a 6-3 decision, holding that California’s blanket demand for charities to disclose donor information to the state Attorney General (AG) is facially unconstitutional.2 In addition...more

Proskauer - Tax Talks

The Impact of Americans for Prosperity Foundation v. Bonta on Donor Disclosure Laws

Proskauer - Tax Talks on

On July 1, 2021, the Supreme Court struck down a California donor-disclosure law as facially unconstitutional in its decision in Americans for Prosperity Foundation v. Bonta. The law required nonprofits operating or...more

Wiley Rein LLP

Supreme Court Reaffirms First Amendment Protection For Associational Privacy

Wiley Rein LLP on

In one of its final decisions of its recent term, the U.S. Supreme Court strongly reaffirmed heightened First Amendment protection for associational privacy. The Court ruled (6-3) that government-mandated disclosure of the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Invalidates California Schedule B Disclosure Law

On July 1, the Supreme Court issued a major decision concerning nonprofit donor disclosure laws and the First Amendment. In Americans for Prosperity Foundation v. Bonta, No. 19-251, the Court held that a California law...more

ArentFox Schiff

Supreme Court Hears Oral Argument on California’s Attempt To Collect Names of Donors to Nonprofits

ArentFox Schiff on

The petitioners appeared to have a more sympathetic bench and went so far as to say the Attorney General of the State of California was “not genuine” in his position. On April 26, the Supreme Court held a lively oral...more

Wiley Rein LLP

Political Privacy Update: Supreme Court to Hear Two Donor Privacy Cases From California

Wiley Rein LLP on

On January 8, the U.S. Supreme Court granted certiorari in two donor privacy challenges to California’s compulsory donor disclosure for nonprofit organizations. The first is Americans for Prosperity Foundation v. Xavier...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2019 – 2020

A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020. Antitrust enforcement continues against nonprofits. Nonprofits have litigated in other areas, including...more

Wiley Rein LLP

Political Privacy Update: Solicitor General Supports Certiorari in California Donor Privacy Cases

Wiley Rein LLP on

Privacy in Focus has been tracking three petitions for certiorari pending in the U.S. Supreme Court in cases challenging California’s mandate for nonprofit organizations to disclose their donors to the state Attorney General...more

ArentFox Schiff

No, a Pandemic Doesn’t Overturn the First Amendment: Massachusetts Enjoined From Banning Debt-Collection Calls or Lawsuits During...

ArentFox Schiff on

On May 6, 2020, Judge Richard G. Stearns of the United States District Court for the District of Massachusetts put the brakes on an attempt by Massachusetts Attorney General Maura Healey to alter the relationship between...more

Harris Beach PLLC

Must-See Free Speech: Can Public Access Television Refuse to Air Certain Content?

Harris Beach PLLC on

As MuniBlog readers may be aware, public access television airs programs ranging from school district and municipal government meetings to publicly hosted programs. Sometimes a program may offend viewers or be critical of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Manhattan Community Access Corp. v. Halleck

On June 17, 2019, the United States Supreme Court decided Manhattan Community Access Corp. v. Halleck, No. 17-1702, holding that a private nonprofit corporation that operates the public-access channels on the cable system in...more

FordHarrison

Federal Court Rejects Free Speech Challenge to New York City's Payroll Deduction Law

FordHarrison on

On February 6, 2018, a New York federal judge rejected a challenge to a New York City law requiring fast-food businesses to, upon request of their employees, forward voluntary deductions from employee paychecks to nonprofits....more

Proskauer - Proskauer For Good

New Jersey Law Against Discrimination Protects Autism Non-Profit in Land Dispute

The New Jersey Appellate Division, in a landmark ruling — Oasis Therapeutic Life Centers, Inc. v. Wade et al., (December 10, 2018) — upheld a real estate purchaser’s right to assert a claim under New Jersey’s Law Against...more

Robinson+Cole RLUIPA Defense

Coffee Shop Church’s Claims Survive Motion to Dismiss, City Amends Code to Permit Use

A federal court in Maryland has denied the City of Laurel, Maryland’s (“City”) motion to dismiss a lawsuit brought by Redemption Community Church (“Church”). ...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Fisher Phillips

Key Portion Of NYC’s Fair Workweek Law Put On Pause

Fisher Phillips on

One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more

Jones Day

Federal Court Applies Charitable Organization Exemption in Telephone Consumer Protection Act Case

Jones Day on

The Situation: A federal court recently weighed in on some of the considerations involved in applying the Telephone Consumer Protection Act's ("TCPA") exemption for charities and the third-party services that conduct...more

Jackson Walker

Does FEMA Unconstitutionally Deny Relief to Churches? President Trump Thinks So And He May Be Right

Jackson Walker on

Hurricane Harvey’s devastation has impacted thousands of people and businesses throughout Texas. Private nonprofits and religious organizations have been playing key roles in providing emergency relief to those who have been...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide