SCOTUS Upholds Civil Rights Precedent Securing Free Affiliation Rights in NCLA’s Sixth Amicus Win | Information

By Jason Wilson Last updated Jul 4, 2021

Washington, DC, July 01, 2021 (GLOBE NEWSWIRE) – In an early Independence Day gift, the U.S. Supreme Court recognized the apparent abuse of administrative power by a number of California attorneys general in the Americans for Prosperity Foundation against Robert v an Bonta. Chief Justice Roberts, who wrote for a 6: 3 ideological court, found the California Attorney General’s Donation Disclosure Policy for Nonprofits, which began under Kamala Harris and continued under Xavier Becerra, is outwardly unconstitutional, because it encroaches on the First Amendment on donors’ rights and is not closely tailored to an important government interest.

As of 2010, California’s attorney general placed a new, mandatory obligation on charities to hand out a list of their key supporters – without the authority of state lawmakers. There was “not a single specific case before the investigation [donor information] has done everything possible to advance the Attorney General’s investigative, regulatory or enforcement efforts, ‘”Roberts said in majority opinion. “So, in reality, California’s interest is less in investigating fraud and more in simplifying administration. However, this interest cannot justify the disclosure requirement. “

Chief Justice Roberts also acknowledged the gravity of the privacy concerns demonstrated by filings from numerous organizations as Amici Curiae, covering the ideological spectrum. Today’s Supreme Court ruling reaffirms our nation’s commitment to the fundamental heritage of civil rights established in the landmark NAACP v Alabama ex rel. Patterson, who protects the First Amendment’s rights to freedom of association and privacy and anonymity in their associations.

Requiring these groups to provide the California Attorney General with a list of their key supporters for their various charitable endeavors would violate the First Amendment to the United States Constitution. It would also undermine the constitution’s structural provisions and guarantees that protect minorities and unpopular minority opinions. The First Amendment protects much more than just dissident organizations from direct state coercion. It also prevents the government from allowing bullying and intimidation by private individuals against others who band together anonymously to express unpopular views about an organization.

The New Civil Liberties Alliance, a non-partisan, non-profit civil rights group, filed three amicus briefs in support of the petitioners in this case, defending the NAACP’s principles of freedom of association and anonymity. With today’s win, the NCLA set a flawless 6-0 record for Amicus Curiae pleadings filed against the administrative state for the October 2020 tenure of the Supreme Court.

The NCLA published the following statements:

“It is hard to overestimate how much a different decision in this case would have caught the cause of freedom. The NCLA is relieved that the Supreme Court agreed with us that the NAACP v. Alabama trial is as well suited for minority opinions threatened by the California Attorney General today as it is for minorities threatened by the Alabama Attorney General in 1958, various goals, but fortunately the same constitution protects association rights across the political and cultural spectrum. ”- Mark Chenoweth, Executive Director and General Counsel, NCLA

“It is encouraging to know that the legacy of NAACP vs. Alabama continues as the cornerstone of the civil rights movement. The Supreme Court’s reprimand against California’s government-sponsored abandonment culture echoed the NCLA’s argument that minority viewpoints and interests must seek refuge from ridicule and persecution, especially in today’s polarized society. AFPF v. Bonta is a refuge that will protect our freedom of association and our right to privacy in our associations for generations to come. ”- Michael DeGrandis, Senior Litigation Counsel, NCLA

“I am pleased that the court has reaffirmed NAACP v. Alabama and abolished the California donor disclosure practice. The court has also sharpened the teeth of the rigorous audit standard. ”- Adi Dynar, Litigation Attorney, NCLA

Please see the case page here for more information.

ABOUT NCLA

NCLA is a non-partisan, non-profit civil rights group founded by the well-known legal scholar Philip Hamburger to protect constitutional freedoms from violations by the administrative state. The NCLA’s public interest litigation and other pro bono advocates aim to tame the illicit power of state and federal agencies and promote a new movement for civil liberties that will help restore the fundamental rights of Americans.

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Judy Pino New Civil Liberties Alliance 202-869-5218 [email protected]