In an op-ed for The Washington Times, Philanthropy Roundtable Senior Vice President of Public Affairs Claudia Cummings says the recent Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport reaffirms that governments may not compel donor disclosure and such measures infringe on the First Amendment and can chill free speech and charitable giving.
Cummings further says while the Supreme Court has a strong record of protecting donor privacy, the rest of the judiciary must remain vigilant enforcing those precedents.
Below are excerpts from “Supreme Court Checks Dangerous Abuse of Donor Disclosure”:
“The Supreme Court last month delivered a decisive and unanimous victory for donor privacy and free association in First Choice Women’s Resource Centers v. Davenport. It was a ruling that should send a clear message to government officials tempted to weaponize their authority against disfavored causes.”
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“In 2023, the state demanded sweeping internal records from First Choice, including the names, addresses and employers of its donors.”
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“The Supreme Court rightly refused to accept New Jersey’s argument that First Choice had to wait for ‘tangible harm’ before seeking relief. The justices recognized that forcing disclosure of private donor information is itself an injury to the First Amendment rights of both organizations and their supporters.
“Importantly, the court affirmed that constitutional rights are not protected if citizens must first surrender them in order to defend them.
“This principle is deeply rooted in American law. The Court cited NAACP v. Alabama, in which compelled disclosure of donor lists was deemed a direct form of suppression. That landmark ruling acknowledged what remains true today: Privacy is often a prerequisite for free expression.
“And the American people agree.
“November 2025 polling for Philanthropy Roundtable shows broad public support for donor privacy. Nearly twice as many Americans say they are uncomfortable with the government knowing where they give charitably as those who are comfortable.”
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“Civil society depends on the voluntary actions of private citizens. It is through philanthropy that Americans advance ideas, support communities and shape the moral fabric of the nation. Undermining donor privacy doesn’t just threaten individual rights; it weakens the institutions that sustain a free country.
“The court has drawn the line. Now it’s up to the rest of the judiciary to enforce it.”
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