Supreme Court: Nonprofit Can Sue over Subpoena for Donor Info
The Supreme Court unanimously ruled First Choice Women’s Resource Centers can challenge New Jersey’s donor records subpoena in federal court.
Why it matters: The decision strengthens nonprofit organizations' ability to fight government demands for donor identities, affecting privacy and state investigative reach. This precedent shapes how legal, advocacy, and charitable groups defend First Amendment rights against state scrutiny.
- On April 29, 2026, the Court ruled 9-0 for First Choice to seek federal review of New Jersey’s subpoena.
- New Jersey’s Attorney General sought detailed personal information on First Choice’s donors.
- Justice Gorsuch’s opinion underscores threats to First Amendment rights from forced disclosure of donor identities.
- The ruling does not end New Jersey's probe, but clarifies nonprofits can challenge such subpoenas in federal court.
The U.S. Supreme Court has unanimously sided with First Choice Women’s Resource Centers, allowing the group to challenge a New Jersey subpoena seeking extensive donor information. The Court’s April 29, 2026, decision clarifies the procedural rights of nonprofits contending that state investigations chill their First Amendment freedoms.
- New Jersey's subpoena demanded personal data on donors—including addresses, phone numbers, and employment. First Choice argued such disclosure would discourage support for its mission by compromising donor anonymity and deterring association.
- Justice Neil Gorsuch, writing for a unanimous Court, highlighted how “demands for private donor information can deter individuals from associating with groups engaged in protected First Amendment advocacy.”
- The ruling applies broadly to nonprofits facing government inquiries, marking a procedural win for privacy—though the underlying investigation into First Choice continues.
The ACLU supported First Choice's legal position, noting that threats to donor confidentiality can chill advocacy, regardless of a group’s ideological stance.
“Today’s unanimous decision is a milestone victory for donor privacy,” said Heather Lauer, CEO of People United for Privacy Foundation. Lawmakers like Rep. Chris Smith (R-NJ) called it a defense against “government suppression and intimidation.”
This procedural precedent provides a roadmap for other organizations facing demands for donor data in potentially speech-chilling state or local investigations.
By the numbers:
- April 29, 2026 — Date of Supreme Court decision
- 9-0 — Unanimous concurrence by all Justices
- 1985 — Year First Choice Women’s Resource Centers was founded
Yes, but: The ruling does not stop New Jersey’s investigation; it only confirms the right to challenge the subpoena in federal court.