A Ninth Circuit Panel Unanimously Reversed a Lower Court Decision barring California’s Collection of IRS Form 990 Schedule B, which Lists the Top Contributors to 501c3 Organizations.
This was a Claim by the Americans for Prosperity Foundation and the Thomas More Law Center, following an Earlier Facial Challenge.
The Americans for Prosperity Foundation had argued that the State's Rules requiring Filing of the Donor List Violate the First Amendment by Discouraging Individuals from Giving and by Exposing them to Threats and Harassment.
In 2016, the Group persuaded a Federal Judge in Los Angeles to issue a Permanent Injunction against the Requirement.
U.S. District Court Judge Manuel Real said the State rarely used the Information, but often Disclosed it Accidentally with Charities' Public Tax Filings.
However, the Three-Judge Panel of the Ninth Circuit Court of Appeals Reversed that Ruling Tuesday, holding that the State had a Legitimate need for the Data and that the Groups had not shown a Significant Burden on Donors.
This may not be the Last Word on this Fight.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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