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Donor privacy must be defended against government overreach

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The Supreme Court‘s oral arguments in First Choice Women’s Resource Centers v. Platkin have thrust donor privacy into the national spotlight. This case involves the New Jersey attorney general’s attempt to compel a Christian pregnancy center to disclose sensitive information about its donors, clients, and internal operations. The subpoena demands private data under the guise of investigating alleged deceptive practices. Such government overreach threatens essential First Amendment protections, including free speech, religious freedom, and freedom of association. 

This case is part of a broader pattern, reflected in current congressional efforts such as Rep. Darrell Issa’s (R-CA) Litigation Transparency Act and Rep. Ben Cline’s (R-VA) Protecting Our Courts from Foreign Manipulation Act. These proposed laws, while possibly well-intended, would require litigants to reveal the identities of third-party funders backing lawsuits. Such measures threaten the confidentiality of supporters who enable individuals and small organizations to challenge unjust government actions or corporate misconduct. Forced disclosures threaten donor anonymity and expose contributors to harassment and retaliation, precisely as the New Jersey subpoena seeks to do.

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