FedSoc Forums

Litigation Update: Associational Privacy at the Supreme Court


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In NAACP v. Alabama ex rel. Patterson, the Supreme Court recognized a First Amendment right to privacy of association and belief. Almost 60 years later, while California's Attorney General began requiring charities to provide their office with a federal form listing major donors. That document -- Schedule B to IRS Form 990 -- is provided directly to the IRS, and its privacy is guaranteed by federal law. The California Attorney General asserted that her office would also protect donors' privacy, and that the information was necessary to pursue law enforcement duties. The American for Prosperity Foundation and others assert the evidence at trial indicated that donor information was publicly available, and that California authorities seldom used it for the reasons stated. The Supreme Court has been asked to review the Attorney General's policy, and has called for the views of the Solicitor General in what could prove a seminal case concerning associational privacy.
Featuring:
Mr. Robert Alt, President & CEO, The Buckeye Institute
Mr. Allen Dickerson, Legal Director, Institute for Free Speech
Mr. Paul S. Ryan, Vice President, Policy & Litigation, Common Cause
Mr. Derek Shaffer, Partner, Quinn Emanuel Urquhart & Sullivan, LLP

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