Is free speech finally safe from state attacks? That was the hope two years ago on July 1, 2021, when the Supreme Court struck down a California law forcing nonprofits and non-partisan charities to hand over lists of their major supporters. The decision in Americans for Prosperity Foundation v. Bonta was supposed to stop states from subjecting people to speech-chilling threats of intimidation and violence, yet after a short-term lull, the assault on the First Amendment has returned with a vengeance.
The 2022 state legislative season — the first since the Bonta decision — saw multiple states end donor-disclosure mandates. Yet in the first six months of 2023, no fewer than 19 states have considered legislation that would compel diverse and even apolitical organizations to share private supporter information. They range from blue states to purple states to red states, with at least eight bills still pending. That includes a bill in California — the state at the heart of Bonta — mandating disclosure of people who help fund ballot initiatives.
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