First Amendment

The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.

The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech. 

Bradley Smith and Brett Nolan | 5.21.2026 2:04 PM

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(Illustration: Adani Samat/Midjourney Photo: Volodymyr Tverdokhlib/Dreamstime)

The Supreme Court issued a resounding victory for donor privacy and free speech last month in First Choice Women's Resource Centers v. Davenport, but it is cold comfort to the hundreds of thousands of nonprofit organizations around the country that must continue handing over similar information to the IRS every year.

First Choice reaffirmed that the First Amendment strongly protects the privacy of nonprofit supporters. The case arose after New Jersey's attorney general issued a sweeping subpoena to First Choice, a Christian, pro-life medical nonprofit serving pregnant women, new mothers, and fathers. The subpoena demanded the names and addresses of nearly all of First Choice's donors. The Supreme Court unanimously held that such demands inflict real and immediate harm because they deter people from associating with disfavored groups—even if the government promises to keep the information confidential.

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