California wants a full copy of our donor list. Is DC next?

It seems old hat now – first they came for the super PACs, then the tax-exempt and now the tax-deductible groups. For many years, the courts have drawn a line in the sand to protect the identities of supporters for 501(c)(3) tax-deductible organizations. You could say this began with the First Amendment, “Congress shall make no law . . . abridging the freedom of speech . . . or the right of the people peaceably to assemble…” In 1958, NAACP supporters were shielded “to pursue their lawful private interests privately and to associate freely with others in so doing,” (NAACP v. Alabama ex rel. Patterson). In 1976, Buckley v. Valeo held that “we have repeatedly found that compelled disclosure, in itself, can seriously infringe on privacy of association and belief guaranteed by the First Amendment . . . and cannot be justified by a mere showing of some legitimate governmental interest.” Could we see a reversal soon?

---

The U.S. Supreme Court is scheduled to conference over the case, Center for Competitive Politics v. Harris, today. In 2014 California Attorney General Kamala Harris tried to compel charitable organizations registered in the state - like TTV - to disclose our entire donor database residing in the state. She’s concerned that donor protections can promote fraud. A lawsuit was quickly filed and now sits on SCOTUS’ doorstep. Current, longstanding IRS regulations state that donors giving less than a cumulative $5,000 annually to a single 501(c)(3) entity be shielded from public disclosure. If California prevails, the concept will most certainly spread. What can you do in this case? Cross your fingers, say a prayer, do a rain dance and refuse to be silenced. Check here for live SCOTUS updates.