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
U.S. District Court for the District of Delaware
U.S. Court of Appeals for the Third Circuit
U.S Supreme Court
Case Timeline
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April 17, 2026
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April 17, 2026
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June 8, 2026
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July 15, 2026
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July 29, 2026
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August 4, 2026
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August 31, 2026
Third Circuit Opinion Affirming Denial of Preliminary Injunction
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September 10, 2026
Emergency Application for Writ of Injunction Pending Certiorari