By Matthew Holloway |
The Arizona State Supreme Court has granted a petition for review in the case Center for Arizona Policy v. Hobbs, which revolves around Proposition 211 and the right of political donors to privacy.
The case, brought by the Goldwater Institute on behalf of the Center for Arizona Policy and the Arizona Free Enterprise Club argues that the protections of the Arizona Constitution, which are stronger than even the First Amendment to the U.S. Constitution, forbid Prop 211’s forced disclosure of donors and nonprofits who support or oppose ballot initiatives. The Goldwater Institute cited the Arizona Constitution in a press release, “The state constitution, after all, provides stronger protections for freedom of speech and privacy than does the federal constitution—promising both that ‘every person may freely speak, write, and publish on all subjects,’ and that ’no person shall be disturbed in his private affairs.’”
In Goldwater’s case summary, the organization warned, “Everyone has the right to support causes they believe in without fear of harassment, retaliation, or being canceled. Unfortunately, a new measure in Arizona—Proposition 211—tramples on this foundational right. It requires individuals who donate to nonprofits to risk having their private information reported to the government and disclosed to the public. It was sold to Arizonans under the guise of transparency and ‘disclosure.’ But voters weren’t told the full story.”
Goldwater Senior Attorney Scott Day Freeman explained, “This is a very exciting development. There are few rights more precious to Arizonans than their rights to free speech and to the ballot initiative process. The anti-privacy law undermines these freedoms by telling people that if they dare to support a political position, they have to give up their confidentiality and potentially become a target for retaliation and even violence.”
A lower Arizona court rejected the Goldwater’s arguments under the guise that “having an informed electorate,” in service of the government’s interests overrides campaign donors’ right to confidentiality, claiming that they can simply “opt out of contributing to campaign media spending.”
Former Arizona Supreme Court Justice, Andrew Gould, disagrees. Back in legal practice with the law firm Holtzman Vogel, and representing the plaintiffs alongside the Goldwater Institute, Gould said, “That’s just not true. Even under the law’s ‘opt-out’ provisions, some donors’ information must still be made public, and donors don’t really have a way of controlling how an organization spends donations, which means they can’t really control whether their information is made public.”
Because the case raises claims based on the Arizona Constitution, the burden of protecting donors’ privacy is even greater than in other states according to Gould who wrote, “Our state constitution provides stronger security for individual rights than the U.S. Constitution does. The authors of the state constitution intended to protect the right to donate to ballot initiative campaigns and the right not to have one’s ‘private affairs’ made public by the government. This law violates both those promises and says that if you donate to a nonprofit group that supports or opposes a ballot initiative, the government’s going to paint a target on your back.”
The Goldwater Institute referenced several serious incidents in the past decade which saw political donors and non-profits become targets for threats, vandalism, and violence from radical political extremists. It noted that donors to California’s anti-same-sex marriage initiative in 2008 became targets of property destruction and physical assault when they were effectively ‘doxxed’ by the state. A similar incident in 2020 unfolded when a group of non-profit organizations engaged California in a lawsuit after Sacramento published approximately 2,000 documents with donors’ personal identifying information. Inevitably this led to a campaign of violence and harassment by far-left extremists.
The California law that allowed this to happen was subsequently struck down by the Supreme Court of the United States in Americans for Prosperity Foundation v. Bonta in 2021.
Scot Mussi, President of the Arizona Free Enterprise Club said in a statement, “We are thankful that the Arizona Supreme Court accepted review of this vital case for our First Amendment liberties. Both the U.S. Constitution and the Arizona Constitution guarantee citizens the right to speak freely, which includes the right to not be forced to speak. Prop 211 not only violates this right for donors by silencing them from supporting causes they believe in but impairs the speech of nonprofits like ours as well. We are hopeful that the Arizona Supreme Court will rule in favor of the Constitution after considering the merits of the case.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
