Nevada Becomes the 21st State To Strengthen Donor Privacy Protections
A new law prohibits the state from requiring nonprofits to disclose the personal information of their supporters, protecting Americans’ First Amendment right to free association.
On Thursday, Nevada Gov. Joe Lombardo (R) signed Assembly Bill 197 into law, prohibiting state agencies from demanding or releasing personal information of nonprofit supporters—actions that could potentially chill speech or violate the right to privacy. With the bill's passage, Nevada becomes the 21st state to strengthen First Amendment protections for donors, volunteers, and members of nonprofit organizations.
The A.B. 197, which was cosponsored by Assemblymembers Shea Backus (D–Las Vegas) and Gregory Hafen (R–Pahrump), clarifies that state governmental entities cannot require nonprofit organizations that have applied for or received a 501(c) tax-exempt status from the IRS to disclose personal information of their supporters, including names, addresses, phone numbers, and donation details. Only certain exceptions apply, such as when such information is required under federal law or a court order, in which case the state must keep the individuals' personal information confidential. Anyone harmed by a violation of this law may bring a civil action against the state and seek damages.
Nonprofit donor privacy is constitutionally protected under the First Amendment, as was first determined in the Supreme Court's unanimous National Association for the Advancement of Colored People v. Patterson ruling. The 1958 decision blocked the Alabama state government from forcing civil rights organizations to release personal, identifying information of supporters, thereby preventing threats, harassment, and intimidation of individuals for their beliefs. The right was reaffirmed and further clarified in the Court's 2021 Americans for Prosperity Foundation v. Bonta opinion, which struck down a mandate from former California Attorney General Kamala Harris requiring nonprofits to provide certain donor information to remain registered with the state.
The Nevada bill passed through both chambers of the Legislature with an overwhelming majority and only one vote against it. Even more strikingly, nonprofits from across the political spectrum, such as the American Civil Liberties Union of Nevada, Americans for Prosperity, Nevada Right to Life, and Planned Parenthood Votes Nevada, supported the measure.
"Americans are fed up with the abuse of their privacy and First Amendment rights. No one should face threats, doxing, or retaliation simply for supporting a nonprofit organization," said Heather Lauer, CEO of People United for Privacy Foundation, a national privacy rights organization, in a press release.
With the passage of A.B. 197, Nevada joins 20 other states across the political spectrum that have passed similar legislation since 2018. In a time of hyper-partisanship and regular free speech violations—especially from the federal government—it's encouraging to see some state governments still honoring the constitutional protections enshrined in the First Amendment.
