Supreme Court hands win to 'dark money' groups in California donor disclosure ruling

Supreme Court.
(Image credit: MANDEL NGAN/AFP via Getty Images)

In a 6-3 vote along ideological lines, the Supreme Court struck down a California regulation forcing nonprofits to disclose donors' personal information, CNBC reports. The Thursday decision is a victory for the conservative groups who challenged the law, but "bodes ill" for regulation down the line, dissenters note.

The rule required nonprofits to fork over their Schedule B forms — which include the "personal information of all donors nationwide who had contributed more than $5,000 in a given tax year" — so the state could police charity misconduct, CNBC writes. The court's majority ruled Thursday that while California has "an important interest" in preventing such wrongdoing, Schedule B collection does not "form an integral part of California's fraud detection efforts" and is therefore in violation of donors' First Amendment rights, per CNBC and The Hill.

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The dissent, however, argued that such a decision spells trouble for regulating organizations in the future.

"Today's analysis marks reporting and disclosure requirements with a bull's-eye," wrote Justice Sonia Sotomayor. "Regulated entities who wish to avoid their obligations can do so by vaguely waving toward First Amendment 'privacy concerns.'"

Thursday's decision is also a blow to efforts to rein in "dark money political groups," in that it could complicate "donor-disclosure requirements for groups that often pour large sums into elections" but stop just short of triggering disclosure, Politico notes.

"We are now on a clear path to enshrining a constitutional right to anonymous spending in our democracy, and securing an upper hand for dark-money influence in perpetuity," said campaign finance reform advocate and Sen. Sheldon Whitehouse (D-R.I.), per CNN.

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Brigid Kennedy

Brigid Kennedy worked at The Week from 2021 to 2023 as a staff writer, junior editor and then story editor, with an interest in U.S. politics, the economy and the music industry.