Wednesday, January 11, 2017
Philanthropy Roundtable (represented by Morgan Lewis & Brockius) filed an amicus brief in the Supreme Court in support of a challenge to an aspect of McCain-Feingold/Bipartisan Campaign Reform Act that requires disclosure of certain large donors to 501(c)(3) nonprofits if the nonprofit engages in election-related speech. The brief argues that donors to 501(c)(3) organizations have an interest in anonymity for three principal reasons:
- Religious or moral reasons for not wanting to have one's charitable contributions made public
- Concerns about public abuse or even government retaliation, and
- Practical concerns about finding oneself placed on additional mailing lists
For more information about the case, see the FEC's litigation page. Among the plaintiff's arguments is that the government's interest in mandating disclosure of information on donors to 501(c)(3) organizations is less than to 501(c)(4) organizations, distinguishing Citizens United on that basis. Because this is a direct appeal from a three-judge district court panel under a special review provision, the usual certiorari procedures do not apply.
Hat tip Election Law Blog/Rick Hasen. Who else?