Lexology: State disclosure laws suffer a setback (In the News)

Jeremy Berry, Stefan Passantino, Craig Johnson, et. al

The constitutionality of this disclosure provision was challenged in 2015 by the Center for Competitive Politics (“CCP”), a 501(c)(3) charity, for violating CCP’s “right of free association guaranteed by the First Amendment.” In its rejection of CCP’s challenge, the Ninth Circuit held that the law did not violate the organization’s First Amendment rights because the disclosure burdens placed on CCP were minor as compared to the conceivable efficiency benefits the Attorney General’s office might reap when reviewing nonprofit financial information for suspicious activity. The Ninth Circuit did, however, leave open the possibility that a party could challenge the law’s application in an “as applied” setting.

In Americans for Prosperity Foundation v. Harris, AFPF did exactly that…

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The Center for Competitive Politics is now the Institute for Free Speech.