Law Matters - Episode 29

In Episode 29, attorneys Kutzer and Olson discuss whether nonprofit organizations should be required to disclose donor records to government agencies or officials, considering the impact on the donor’s First Amendment right to freely associate with any type of mission-driven organization they wish to support, financially or otherwise.

Listen and learn about the evolution of the issue over time in regard with the advent of digital records and the risk of hacking, and how the forced disclosure of donor information may deter charitable gifts, thereby negatively impacting the success of a nonprofit.

The two attorneys explain when the legal issue first arose in 1958, review the progression of the case and how it reached the Supreme Court, define the legal doctrine of “ripeness,” and discuss how courts often avoid making a decision using “ripeness” as an excuse. The case is First Choice Women’s Resource Centers, Inc. (“First Choice”), Petitioner v Matthew J. Platkin, Attorney General of New Jersey.