Skip to main content

New top story from Time: How a Supreme Court Case About Nonprofit Donations Could Affect America’s Elections

https://ift.tt/3aEHRmt

Upon first glance, the U.S. Supreme Court case Americans for Prosperity Foundation v. Rodriquez might not seem like it could impact elections.

The case, which will be argued before the Supreme Court Monday, examines the constitutionality of a California regulation requiring nonprofits wishing to raise money in the state to disclose their largest donors to the state Attorney General. But the stakes could be much higher for American democracy if the Court rules broadly, so the case has drawn intense interest from leaders and advocacy groups on both sides of the political spectrum, forging unlikely alliances in the fight over when anonymous donations are protected by the Constitution.

“We are engaged in a quiet battle with dark money forces that seek to exert broad and often secret control within government, and this case could dramatically strengthen their power,” Sen. Sheldon Whitehouse, a Democrat from Rhode Island, tells TIME.

The conservative nonprofit Americans for Prosperity Foundation—which has the backing of Republican mega-donor Charles Koch—brought the lawsuit in 2014, arguing that requiring them to disclose their major donors violates their First Amendment right to freedom of association. (Conservative law firm Thomas More Law Center filed a similar suit, which was consolidated with this one.) On the other side, California’s Attorney General argues that the government needs to collect donor names to prevent fraud, but keeps those names confidential.

Regardless of what happens to California’s policy after the Supreme Court rules later this year, the larger effects of the case will hinge in part on what standard of judicial scrutiny the Court uses to make its evaluation. Financial disclosure laws typically are evaluated under “exacting scrutiny,” a roughly mid-level standard. The 9th Circuit sided with California in 2019, ruling that the regulation held up under this standard of review because the state had proven it was substantially related to its interest in preventing fraud. But the plaintiffs argue the policy must be reviewed under a higher standard, and if the justices agree, some advocates worry it could make it easier to strike down other disclosure laws in the future.

As it stands now, Supreme Court precedent allows for unlimited corporate spending in elections, with some restrictions and donor disclosure requirements for groups like Super PACs. The outcome of Americans for Prosperity Foundation could indicate if similar requirements might be in danger in the future with three new justices appointed by former President Donald Trump on the bench.

“Ultimately, what’s at stake is the potential for chipping away at transparency that is required by our campaign finance disclosure laws,” says Carol Moon Goldberg, the president of the League of Women Voters of California.

Unusual coalitions

The roots of the issue go back to protecting the safety of Black civil rights activists in the 1950s.

In 1958, the Supreme Court ruled in NAACP v. Alabama ex rel. Patterson that Alabama could not require the NAACP to share the names of its members because that could expose them to “possibilities of harassment and reprisal.” In subsequent rulings, the Court held that requiring groups to disclose names of donors can have a “chilling effect,” meaning that people might be less likely to donate if they think others could find out they did so. Certain groups can also be granted exemptions if they can prove they’re at risk of harassment if they disclose names.

Now, Americans for Prosperity Foundation argues the California policy could create such a chilling effect, and is asking for an exemption even if the Court doesn’t strike the rule down entirely. The group points to the fact that a portion of confidential records were accidentally made accessible on the state’s website, and one of their expert witnesses was able to hack into it and access even more private information. The state maintains those security holes have since been fixed.

“Stripping citizens of their privacy is a tool wielded by some in political power to silence their opposition and stifle individuals from engaging in educational and charitable efforts,” said Americans for Prosperity Foundation CEO Emily Seidel.

The American Civil Liberties Union (ACLU), the NAACP Legal Defense and Education Fund, The Knight First Amendment Institute at Columbia University, the Human Rights Campaign and PEN America have all filed a brief agreeing that requiring the plaintiffs to disclose their donors under these circumstances would violate their First Amendment rights. In fact, more than 60 amicus briefs have been filed in the case, with voting rights groups, Senators and even states weighing in. But progressive groups are split on the issue, and the First Amendment questions at play have created unusual coalitions of conservative libertarian groups and left-leaning groups that advocate for individual liberties.

“Although the ACLU does not agree with the Americans for Prosperity Foundation on every issue, or perhaps even most issues, we thought this was an important case to stand up for the First Amendment right of association,” says Brian Hauss, a staff attorney with the ACLU Speech, Privacy and Technology Project.

Some voting rights groups, on the other hand, including the League of Women Voters of California, have filed a brief urging the Court to side with California, arguing the state has proven collecting donor names, which are supposed to be kept confidential, is necessary for preventing fraud. Whitehouse and 14 other Democratic Senators have also filed a brief in the case supporting California’s position.

But looming over both sides are questions about how these positions on donor transparency could impact civic life. The ACLU’s brief urges the Court to not issue “overbroad pronouncements” that would impact disclosure requirements in other contexts, and when asked whether they are concerned about the consequences the case could have on campaign finance law, Hauss says that while that’s “a totally understandable concern,” he does not believe campaign finance laws will be affected by the case.

Others are more skeptical. “The concern is that the court could use this pretty limited law as an opportunity to opine more broadly on the First Amendment rights of anonymity,” says Tara Malloy, the senior director of appellate litigation and strategy at Campaign Legal Center (CLC), which has signed onto the brief with the League of Women Voters of California urging the court to uphold the policy. While the plaintiffs have said they have no desire to strike down electoral disclosure laws, “the type of legal arguments they’re making seem to threaten those laws,” Malloy says. “They’re arguing that the court be more skeptical, really, of disclosure and review it more carefully, which has broader repercussions.”

Campaign finance implications

The Supreme Court will consider this case more than a decade after its last major donor disclosure decision, which opened the floodgates to enormous sums of anonymous money influencing elections.

In 2010’s landmark campaign finance case Citizens United v. FEC, the Supreme Court struck down limitations on corporate spending in political communications. While Citizens United also affirmed financial disclosure requirements in certain instances, it’s unclear how the newest conservative justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—might feel about such requirements, says Richard Briffault, a professor at Columbia Law School.

Sen. Whitehouse argues those three justices “were put on the court through a process that was heavily controlled by dark money interests,” referring in part to campaigns in support of their confirmations by 501(c)(4) groups, which are not legally required to disclose their donors. On April 16, Whitehouse, along with Democrats Sen. Richard Blumenthal and Rep. Hank Johnson, sent a letter to Barrett urging her to recuse herself from the case, pointing out that Americans for Prosperity, the 501(c)(4) sister organization of Americans for Prosperity Foundation, launched a campaign last fall urging Senators to vote for her confirmation. The Hill reported at the time that the organization said it intended to spend “in the seven figures” on the confirmation battle. None of the justices have indicated that they will recuse themselves, and the Supreme Court did not respond to a request for comment on the letter.

Oral arguments are set for April 26, and a decision will likely come by June. How the justices rule—and the precedent they set for reviewing financial disclosure requirements in the future—could further affirm or erode some organizations’ ability to keep their donors private.

“The case is a part of the never-ending efforts on [the part of] advocates of dark money spending to cloak their behavior in even more secrecy,” says Norman Eisen, a senior fellow at the Brookings Institution who served as President Barack Obama’s chief ethics lawyer. If the Supreme Court believes disclosure laws need to clear a higher constitutional bar, Eisen says, “I think the advocates of secrecy would try to take the ball and run with it.”

Comments

Popular posts from this blog

Muni Drivers Prove the Perfect Muse for this San Francisco Artist

Muni Drivers Prove the Perfect Muse for this San Francisco Artist By Jonathan Streeter Muni has long been an enjoyable part of artist Kurt Schwartzmann's life, riding the bus to work, to school and as a sightseer.  Kurt — utilizing his monthly pass  — has ridden countless trains and buses and befriended several operators. Taking the time to learn their names and stories, Kurt envisions both the reality and the dream of navigating a bus through San Francisco streets. Pointing to an image he created (see above photo far right), Kurt noted, "I drew an escape hatch for this driver, so he could get away when he needed a break."  In fact, Kurt’s website " Yellow Line Art ," is named in honor of the demarcation at vehicle entrances behind which passengers are asked to stand.  "Conversation welcome but cannot interfere with safe operation of the bus," has real meaning for Kurt, who sees the yellow line not a...

FOX NEWS: Teacher catches mother bear and cub playing on school playground Even bears like to play.

Teacher catches mother bear and cub playing on school playground Even bears like to play. via FOX NEWS https://ift.tt/3ATd0he

Van Ness Improvement Project Nears Completion

Van Ness Improvement Project Nears Completion By Nehama Rogozen After years of planning and construction, work on the Van Ness Improvement Project is progressing rapidly and the end is in sight! Construction is projected to be finished by the end of this year, with Bus Rapid Transit (BRT) service running on Van Ness Avenue from Mission to Lombard beginning in early 2022. Work on the red transit lanes between Broadway and Pacific is almost complete. Crews have been busy on Van Ness Avenue. You may have noticed them building new medians and sidewalks, paving the roadway and installing poles that provide lighting and power to the BRT system. Most recently they have installed the red lanes that will allow buses to move Muni and Golden Gate Transit riders quickly along the corridor, without getting stuck in traffic. To ensure durability and reduce fading, these red transit lanes are made from poured red concrete, as opposed to red paint or thermoplastic on top of concrete. We are als...

New top story from Time: Russia Is Murdering the Kremlin’s Biggest Critic in Plain Sight. Who Will Save Alexei Navalny?

https://ift.tt/2PgkHLS “If you saw me now—maybe you would have a good laugh,” Alexei Navalny wrote on Facebook April 20. “Look at him! A skeleton walking, wobbling around his prison cell. In his hands he is holding his court ruling, rolled up in a tube. With that tube he fervently swings away at mosquitoes covering the walls and the ceiling of his cell. Those buzzing stinging monsters can finish up a man faster than any hunger strike.” The tone is characteristic of the world’s most famous political prisoner: comic stoicism in the face of approaching death combined with a Gogolian fascination for all the absurdities and trivialities still imposed by a cruel Russian system responsible for its arrival. Navalny has been starving himself for three weeks. It is a feeble protest, perhaps, against being an involuntary guest of a 21st century gulag, but at least it is wholly his own. For someone who eight months ago was almost killed with a weapon of mass destruction (Novichok),...

New top story from Time: WikiLeaks Founder Julian Assange Accused of Conspiring With LulzSec and Anonymous Hackers

https://ift.tt/3hZ0cN4 WikiLeaks founder Julian Assange conspired with hackers affiliated with the “Anonymous” and “LulzSec” groups, which have been linked to numerous cyber attacks around the world, according to new indictment by the U.S. Justice Department. Assange, who’s detained in the U.K. on a U.S. extradition request, gave the leader of LulzSec a list of targets to hack in 2012 and told this person that the most influential release of hacked materials would be from the Central Intelligence Agency, National Security Agency or the New York Times, according to a statement Wednesday from the Justice Department. The LulzSec leader was cooperating with the Federal Bureau of Investigation at the time, according to the statement. An Anonymous and LulzSec-affiliated hacker stole emails through a data breach of an American intelligence consulting company that were published in WikiLeaks, according to the statement. Assange indirectly asked that hacker to spam that company a...

New top story from Time: These Are the Best Fantasy TV Show Adaptations to Watch Now

https://ift.tt/3eQcVRN Netflix’s Shadow and Bone , which dropped on April 23, marks yet another hit fantasy book series getting inducted into the TV adaptation circuit—or rather, two series in one, as the new show creates one cohesive narrative out of storylines from Leigh Bardugo’s Shadow and Bone trilogy and the first book in her Six of Crows duology. The series, starring newcomers Jessie Mei Li, Archie Renaux and Freddy Carter, flies by over the course of eight episodes of magic, espionage, violence and romance—in other words, all of the necessary ingredients to satisfy a fantasy fan. The good news for fans is that TV adaptations of fantasy series have become essential television in recent years, with more en route. (Look out for Amazon’s future Lord of the Rings show.) While we wait for season two of Shadow and Bone , however, here are the best fantasy TV show adaptations you can watch right now. Game of Thrones It’s been 10 whole years since Game of Thrones p...

New top story from Time: The Ballroom Scene Has Long Offered Radical Freedoms For Black and Brown Queer People. Today, That Matters More Than Ever

https://ift.tt/2O8qsKr Marginalized by prejudice, violence, housing insecurity, and HIV infection rates among other burdens, Black and brown transgender and gender-nonconforming people face particular challenges in establishing secure, nourishing communities—both within LGBTQ spaces and in society at large. One response to these stigmas has been the formation of self-sustaining social networks and cultural groups, such as the ballroom scene, a formidable social movement and creative collective for LGBT people of color. Amid what has been called a new golden age for Black culture and storytelling , a particular “Renaissance” in queer Black art and cultural representation is clear. Ballroom culture is now widely seen and celebrated (and appropriated) in the mainstream—across fashion campaigns, music videos, social media and in TV shows like Pose , Legendary , and RuPaul’s Drag Race . And i n this moment, ballroom and voguing as the body politic has much to teach the world abou...

New top story from Time: I Left Poverty After Writing ‘Maid.’ But Poverty Never Left Me

https://ift.tt/3kXte3r I signed my first book contract without paying much attention to what it said. I didn’t know at the time that the book would be a best seller or that it would one day inspire a Netflix series . I just needed the money. I was a single mom with a 2-year-old and a 9-year-old, living in low-income housing, and because of a late paycheck, I hadn’t eaten much for a few weeks, subsisting on pizza I paid for with a check I knew would bounce. This wasn’t my first bout of hunger. I had been on food stamps and several other kinds of government assistance since finding out I was pregnant with my older child. My life as a mother had been one of skipping meals, always saving the “good” food, like fresh fruit, for the kids I told myself deserved it more than I did. The apartment was my saving grace. Housing security, after being homeless and forced to move more than a dozen times, was what I needed the most. Hunger I was O.K. with, but the fear of losing the home wher...

New top story from Time: “It’s Not Just About Shots.” Judith McKenna, Walmart International CEO, Talks Vaccination Rollout

https://ift.tt/3w38j2i (Miss this week’s Leadership Brief? This interview below was delivered to the inbox of Leadership Brief subscribers on Sunday morning, March 28; to receive weekly emails of conversations with the world’s top CEOs and business decisionmakers, click here .) Doug McMillon ‘s last job before the CEO slot at Walmart was running its international division. That position is currently held by Judith McKenna. It’s a really big job. McKenna, as CEO of Walmart International, is responsible for 5,141 stores in 23 countries—from Costa Rica to India to China—staffed by nearly 550,000 employees. In addition, she is responsible for Walmart’s global sourcing operation, arranging for the purchase and delivery of the goods that contributed to Walmart’s $ 559 billion in revenue last year. In a recent video conversation from her office at Walmart’s Bentonville, Ark., headquarters, McKenna discussed Walmart’s vaccination efforts and the country with the fastest delive...

New top story from Time: Angry Youths Rattle Spain in Support of Jailed Catalan Rapper Pablo Hasel

https://ift.tt/2NUGSpC BARCELONA, Spain — The imprisonment of a rap artist for his music and tweets praising terrorist violence and insulting the Spanish monarchy has set off a powder keg of pent-up rage this week in the southern European country. The arrest of Pablo Hasél has brought thousands to the streets for different reasons. Under the banner of freedom of expression, many Spaniards strongly object to putting an artist behind bars for his lyrics and social media remarks. They are clamoring for Spain’s left-wing government to fulfill its promise and roll back the Public Security Law passed by the previous conservative administration that was used to prosecute Hasél and other artists. Hasél’s imprisonment to serve a nine-month sentence on Tuesday has also tapped into a well of frustration among Spain’s youths, who have the highest unemployment rate in the European Union. Four in every 10 eligible workers under 25 years old are without a job. “I think that what we ...