[20210713]LSB10621_最高法院以第一修正案为由宣布加州捐赠者披露规则无效.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Invalidates California Donor Disclosure Rule on First Amendment Grounds July 13, 2021 On July 1, 2021, the Supreme Court struck down part of a California regulation requiring charitable organizations registered in the State to disclose their major donors to the State Attorney Generals officeinformation the federal Internal Revenue Service (IRS) also collects. In Americans for Prosperity Foundation v. Bonta, the Court ruled that the States disclosure requirement violated the donors First Amendment right to freedom of association. This Legal Sidebar provides an overview of the relevant constitutional standards, a summary of the case and the Courts decision, and a discussion of the decisions potential consequences for federal and state donor disclosure requirements. Freedom of Association and Disclosure Requirements The First Amendment does not explicitly mention the “freedom of association.” The Supreme Court, however, has long considered the “freedom to engage in association for the advancement of beliefs and ideas” an “inseparable aspect of . . . freedom of speech.” This fr