AAF Files Amicus in South Dakota Backing First Amendment Associational Rights for Students for Life Action

November 1st, 2023

Advancing American Freedom filed an amicus brief with over 30 organizations and individuals supporting Students for Life Action against South Dakota’s law requiring that any organization engaging in certain forms of political communication disclose, within that communication, the names of its top five donors. South Dakota’s donor disclosure law erodes the fundamental right of free association and fails to provide useful information that might justify that infringement under the Supreme Court’s exacting scrutiny test.

“South Dakota’s donor disclosure law undermines the freedom to associate which includes the freedom to do so anonymously,” said J. Marc Wheat, General Counsel for AAF. “This type of donor disclosure does not provide useful information to the electorate and opens donors to harassment for the views they support. Advancing American Freedom will continue to stand for the First Amendment and for the right to associate without forced disclosures by the government.”

You can read the amicus brief here.