Title

The Charitable Solicitation Context of Americans for Prosperity Foundation V. Beccerra

Document Type

Article

Publication Date

4-7-2021

Publication Title

HistPhil

Keywords

nonprofits, donors, donations, California, charitable solicitation

Abstract

The Supreme Court will soon decide a case with potentially significant implications for regulating nonprofits, Americans for Prosperity Foundation v. Beccerra. In the upcoming case, two nonprofits have challenged the constitutionality of a California law that prohibits the organizations from soliciting charitable donations in the state unless they submit to the state a list of their major donors. Although there are political overtones clouding the case – worries about dark money, the optics of conservative organizations challenging a liberal state’s regulatory regime – the legal issue at play is one with decades of interesting constitutional history: what conditions can the state put on charitable solicitation?

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