AFP Foundation Files Amicus Brief in U.S. Supreme Court Case Supporting Donor Privacy 

CONTACT: AFP Media, media@afphq.org

Washington, DC — Americans for Prosperity Foundation (AFPF) has filed an amicus brief with the U.S. Supreme Court, as they consider the issue of donor privacy in today’s oral argument, First Choice Women’s Resource Centers v. Platkin, a case challenging a New Jersey Attorney General subpoena that seeks to force a nonprofit pregnancy center to reveal the identities of its supporters. 

The brief explains that the First Amendment protects the right of Americans to support causes they believe in without fear of government retaliation, harassment, or forced association. In Americans for Prosperity Foundation v. Bonta, the Supreme Court made clear that any government effort to compel disclosure of nonprofit donors must satisfy “exacting scrutiny” and be narrowly tailored to a compelling government interest. 

“Donor privacy is not a loophole. It is a core First Amendment protection that allows people to support diverse and sometimes controversial causes without fear,” said Cindy Crawford, Senior Policy Council at Americans for Prosperity Foundation. “If state officials can sidestep the Supreme Court’s donor-privacy protections just by calling their demand a ‘subpoena’ instead of a ‘regulation,’ then the right to free association is in serious danger.” 

AFPF’s brief warns that allowing broad investigatory demands for donor lists—without a clear connection to any actual fraud or misconduct—will chill participation in civil society, especially for organizations holding disfavored or minority viewpoints. In this case, the New Jersey subpoena covers nearly 5,000 donations without a single donor complaint triggering the investigation, highlighting how reporting of a group’s members and supporters can be abused for political ends. 

AFPF urges the Court to reverse the lower court’s decision and reaffirm that First Amendment protections apply fully whether the government uses a blanket reporting requirement or an investigatory subpoena. 

Read AFPF’s amicus brief here. 

Read a summary blog on the amicus brief here. 

Americans for Prosperity Foundation (AFP Foundation) is a nonpartisan organization committed to educating citizens about the value of limited government and a free market economy. AFP Foundation’s educational programs and analyses help the public at large understand why the American free enterprise system is the best method to ensuring prosperity for all Americans. For more information, please visit AmericansForProsperityFoundation.org.