ANA Files Brief Before Supreme Court Opposing Donor Disclosure Rule For Nonprofits

“Friend of the Court” Brief Asks U.S. Supreme Court to Reverse California Mandate

NEW YORK (March 2, 2021) The ANA filed a brief with the U.S. Supreme Court this week in support of a legal appeal that seeks to overturn a California mandate requiring charities to reveal private donor information to the state government as a condition for fundraising.

The amicus curiae (friend of the court) brief was filed by the ANA and the ANA Nonprofit Federation, which was acquired by the ANA in 2018. The ANA NF provides fundraising education, advocacy, sponsorship opportunities, and ethical standards for the nonprofit community.

The brief supports an appeal by nonprofit organizations against California Attorney General Xavier Becerra’s mandate requiring nonprofits that solicit funds in California to supply the state with the names and addresses of donors who give $5,000 or more in a year. The appeal asks that the Supreme Court reverse the Ninth Circuit Court ruling that upheld Becerra’s order. Such compulsory disclosure is against free association rights guaranteed by the First Amendment, the nonprofits claim in their appeal.

“ANA members work with and donate to numerous causes and missions that advance our society, and their ability to do so without state interference must be protected,” said ANA CEO Bob Liodice. “Our support of this appeal is of pivotal importance to ensure that our community’s generosity can continue without unreasonable donor disclosure mandates.”

Liodice also noted that ANA members are among the largest supporters of charitable activities in the U.S., and the ANA NF is an advocate for protecting fundraising efforts nationwide. He said the ANA knows firsthand that private donors, corporate or individual, place great value on anonymity.

The ANA brief argues that disclosure laws create a chilling effect on associational freedoms, including charitable giving, and warrant close judicial scrutiny; it also argues that the involuntary disclosure of donor information to state government will adversely affect charitable giving.

ANA NF SVP Senny Boone said, “The ANA Nonprofit Federation has long supported donor privacy on behalf of our organizations and their supporters, and we urge the Supreme Court to consider the value and importance of such anonymity in its decision. This case is incredibly important to ensure that donors are protected from forced mandates at the state level at a time when charitable work is so essential to the nation’s pandemic recovery.”

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ABOUT THE ANA

The mission of the ANA (Association of National Advertisers) is to drive growth for marketing professionals, brands and businesses, the industry, and humanity. The ANA serves the marketing needs of 20,000 brands by leveraging the 12-point ANA Growth Agenda, which has been endorsed by the Global CMO Growth Council. The ANA’s membership consists of U.S. and international companies, including client-side marketers, nonprofits, fundraisers, and marketing solutions providers (data science and technology companies, ad agencies, publishers, media companies, suppliers, and vendors). The ANA creates Marketing Growth Champions by serving, educating, and advocating for more than 50,000 industry members that collectively invest more than $400 billion in marketing and advertising annually.

ABOUT THE ANA NONPROFIT FEDERATION

The Nonprofit Federation, an organization dating back to 1982 and brought on board through the ANA’s DMA acquisition in 2018, brings the nonprofit fundraising and marketing community closer together as a catalyst for change. The ANA NF has continuously provided top-quality fundraising education, advocacy, sponsorship opportunities, and ethical standards for the nonprofit data-driven fundraising community. It represents nearly 200 national nonprofit organizations and over 50 agencies that work on their behalf to advance the charitable fundraising and marketing community raising nearly $450 billion in donations each year. The charitable community includes thousands of missions advancing and helping society, especially during the current COVID-19 pandemic crisis.

MEDIA CONTACT:

John Wolfe
ANA
Director of Communications
Office: 212.455.8011
Cell: 914.659.8663

Email: jwolfe@ana.net