Think DC Is the Only Threat to Your Privacy? Think Again.
This isn't just about privacy, it's also about free speech. Some state lawmakers don't value either.
You know how I’m always lecturing you about how important it is to focus on local and state-level politics instead of hyperfixating on national politics? This is one of many reasons why.
Democrats and Republicans in multiple states have passed, or are considering, legislation that would force nonprofit organizations to disclose the names of their donors. Because nothing says “we value privacy” like using government force to compel nonprofit organizations to publish their donor lists for all to see, right?
Back in 2021, the US Supreme Court struck down a California law requiring nonprofits to disclose their major donors to the state attorney general. This came after the state attorney general in 2010 “accidentally” published those names. Did I mention the donors whose information was exposed were conservatives?
So, you already know what happened next, don’t you?
The harassers started a-harassin’.
The CEO of the Americans for Prosperity Foundation, one of the charities whose donors were targeted and who brought the case challenging California’s law, testified that a technology contractor working at its headquarters posted on social media that he was “inside the belly of the beast” and “could easily walk into [the CEO’s] office and slit his throat.”
The Thomas More Law Center also presented evidence that it had received “threats, harassing calls, intimidating and obscene emails, and even pornographic letters.”
A restaurant manager in Los Angeles had to resign after the attorney general’s office revealed he had donated $100 to support Proposition 8, a ballot measure aimed at banning same-sex marriage in the Golden State.
Americans for Prosperity and the Thomas More Law Center sued the state over its privacy-violating law. They argued that requiring these disclosures could lead to more harassment — or even violence against those who simply wanted to support causes in which they believed. After all, if the state attorney general made another so-called “mistake,” there is no telling what could have happened, right?
The truth is that forcing organizations to expose their lists is just a way to intimidate would-be donors into refraining from supporting certain causes. This means it’s not just a privacy issue. It’s also about free speech. These law are nothing more than a brazen effort to terrify Americans out of exercising their rights.
The Supreme Court’s ruling against California was not just a win for conservative organizations and their supporters—it was an affirmation of the principle of freedom of association and speech.
In fact, even the American Civil Liberties Union (ACLU) and the NAACP Legal Defense Fund supported the challenge. It’s not all that surprising given that left-wing groups can also be subject to harassment, threats, or violence as well.
Fortunately, there are at least some lawmakers who still believe privacy and the freedom to associate are sacrosanct. In states like Nevada, they have introduced a significant bill aimed at protecting the privacy and safety of people who use their money to advance their beliefs by donating to charities. It bars government agencies from collecting or disclosing personal information that could identify someone as a donor, volunteer, or member of an organization.
Privacy is for citizens. Transparency is for the government.
This is a proactive measure to prevent political retaliation and harassment, especially in a climate where ideological targeting is becoming more common. As the bill states, “a governmental entity shall maintain in a confidential manner any personal information that identifies a person as a donor, member or volunteer of a nonprofit organization.” Furthermore, it affirms that “such personal information is not a public record,” closing any legal loopholes that might otherwise expose donor identities through public information laws.
The bill includes civil penalties for those who violate these restrictions. It empowers victims to sue those who violate their privacy rights. The scope of protected information is quite comprehensive: “personal information that identifies a person as a donor, member or volunteer of a nonprofit organization includes any list, record, register, roster or other data of any kind that includes a donation, name, address or telephone number.”
Moreover, the bill imposes clear boundaries on government behavior, stating that “a governmental entity shall not: Require any person or nonprofit organization to provide the governmental entity with personal information that identifies a person as a donor, member or volunteer of a nonprofit organization.”
This extends to administrative officials as well, including a provision that “the Secretary of State shall not collect or disclose any information that directly identifies a person as a donor of financial support to a nonprofit organization.” Together, these clauses build a robust shield around First Amendment activity and civil society engagement in Nevada.
Other states like North Carolina are mulling similar legislation.
As for Nevada’s bill, it is expected to pass and will go to Gov. Joe Lombardo’s desk. There is reason to be optimistic that he would support such a measure. Back in 2023, he vetoed a bill that would have forced nonprofit organizations to expose their donors' information. Clearly, he sees the importance of protecting privacy and free speech.
This is precisely what should be happening in state legislatures across the country. Check and see if your state has a law that protects your privacy — or violates it in the same way as California. If the government is requiring organizations to disclose your information, congratulations, you have a fight you can get involved in.
Remember, it’s not just the federal government that wants to be all up in your business. Your state and local governments are just as nosy as Washington, DC. Make sure you’re keeping their prying eyes out of your life.