Center for Competitive Politic v. Kamala Harris

Good Law
784 F.3d 1307·2015 WL 1948168·115 A.F.T.R.2d (RIA) 1711·2015 U.S. App. LEXIS 7239
United States Court of Appeals for the Ninth CircuitMay 1, 201514-15978California5,941 words

Opinion

Opinion

Paez, J.

In order to solicit tax deductible contributions in California, a non-profit corporation or other organization must be registered with the state’s Registry of Charitable Trusts. Cal. Gov.Code § 12585. To maintain its registered sta tus, an entity must file an annual report with the California Attorney General’s Office, and must include IRS Form 990 Schedule'B. The Internal Revenue Service (IRS) requires non-profit educational or charitable organizations registered under 26 U.S.C. § 501 (c)(3) to disclose the names and contributions of their “significant donors” (donors who have contributed more than $5,000 in a single year) on Form 990 Schedule B. The Center for Competitive Politics (CCP), a non-profit educational organization under § 501(c)(3), brings this lawsuit under 42 U.S.C. § 1983 , seeking to enjoin the Attorney General from requiring it to file an unredacted Form 990 Schedule B. CCP argues that disclosure of its major donors’ names violates the right of free association guaranteed to CCP and its supporters by the First Amendment.

CCP appeals the district court’s denial of CCP’s motion for a preliminary injunction to prevent the Attorney General from enforcing…

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