Freedom of Association Major Legal Cases

Delaware

AFP Foundation v. Albence

Active Litigation

In 2026, Americans for Prosperity Foundation and Americans for Prosperity challenged the constitutionality of Delaware laws that impose sweeping and invasive disclosure mandates on any organization that engages in advocacy. Under the law, nonprofits are forced to disclose every one of its supporters who gave as little as $100 in the past four years as a precondition of advocating in the state.

The lawsuit contends these rules violate the free association and speech rights of nonprofits, charities, and their supporters.

Case Documents