Americans for Prosperity Foundation Files Lawsuit Challenging Delaware’s Unconstitutional Law that Chills Speech and Private Association
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| April 21, 2026
Wilmington, DE — April 21, 2026 — Americans for Prosperity Foundation (AFPF), and its sister organization Americans for Prosperity (AFP), the nation’s premier grassroots advocacy organization, today announced they have filed a lawsuit against the State of Delaware challenging the constitutionality of its laws that violate the right of private association.
The lawsuit asserts that Delaware imposes sweeping and invasive disclosure mandates on any organization that engages in advocacy. Under the law, nonprofits are forced to make an impossible choice – either it must disclose every one of its supporters who gave as little as $100 in the past four years, or it must refuse to advocate effectively in the state. The lawsuit contends these rules violate the First Amendment rights of nonprofits, charities, and their supporters.
“For the past twenty years, because of Delaware’s strict laws, we have been unable to advocate for freedom on behalf of the citizens of Delaware,” said Regional State Director Ross Connolly. “Delaware’s laws punish independent advocacy, leaving politicians and the media as the only voices in the public square. We are acting to ensure every American retains the freedom to make their voice heard,” Connolly concluded.
Delaware’s expansive disclosure rules could require supporters’ names and addresses to be published online, regardless of where they live—even if they had no way of knowing about the speech that their support is being tied to. No individual who donated as little as $100 in 2022 should later face harassment, backlash, or retaliation for an organization’s speech in 2026.
From the time of the Founding, privacy in association has long been recognized as essential to a free and democratic society. In 2021, in Americans for Prosperity Foundation v. Bonta, AFPF won a landmark Supreme Court victory protecting that right. This lawsuit builds on that victory to advance the right of private association in Delaware and across the country.
“Americans are capable of extraordinary things when they have the freedom and opportunity to stand up for what they believe,” said Connolly. “Delaware’s laws strip away that freedom by weaponizing disclosure to silence speakers and viewpoints. Our lawsuit seeks to reaffirm a simple principle: people should be able to support the causes they believe in without fear.”
The lawsuit is part of a larger effort at Americans for Prosperity Foundation to protect the Freedom of Association.
The case, Americans for Prosperity Foundation v. Albence was filed April 17, 2026, in the United States District Court for the District of Delaware.
About Americans for Prosperity Foundation
AFPF is a 501(c)(3) nonprofit organization committed to educating and training Americans to be courageous advocates for the ideas, principles, and policies of a free and open society.
About Americans for Prosperity
AFP is a 501(c)(4) national grassroots organization dedicated to empowering every American to pursue their version of the American Dream. With chapters and activists across the country, AFP works to improve lives by breaking down barriers that stand in the way of opportunity and advocating for policies that help people thrive.
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