ALEC Urges Supreme Court to Protect Donor Privacy
Amicus brief in First Choice Women’s Resource Center v. Platkin warns against government overreach, intimidation tactics, and denial of federal protections.
Arlington, VA – The American Legislative Exchange Council (ALEC) filed an amicus brief in First Choice Women’s Resource Center v. Platkin, a U.S. Supreme Court case challenging New Jersey Attorney General Matthew Platkin’s sweeping demand for donor lists from a nonprofit pregnancy care provider. The case raises critical concerns about donor privacy, free speech, and access to federal courts.
“Free speech is the cornerstone of American democracy, and donor privacy is essential to protecting that freedom,” said ALEC CEO Lisa B. Nelson. “If state officials are allowed to weaponize subpoenas against organizations they disagree with, then no citizen or group is safe.”
The case arose after Platkin issued a sweeping subpoena against First Choice Women’s Resource Center, a nonprofit pregnancy care provider, for the disclosure of its donors. First Choice challenged the subpoena in federal court, claiming violation of their constitutionally protected right to free speech and association, but the U.S. District Court for the District of New Jersey ruled the challenge was not “ripe” because the subpoena had not yet been enforced. That denial, upheld by the Third Circuit, effectively eliminates the organization’s ability to defend its constitutional rights until after the damage is done.
“This is textbook chilling of free speech and association,” said Nino Marchese, Director of ALEC’s Judiciary Task Force. “ALEC itself has faced similar threats, and they are nothing more than intimidation tactics designed to silence voices and discourage lawful participation.”
The ALEC brief underscores that this case is not only about free speech and donor privacy, but also about the structural protections of federalism. Federal courts have been explicitly designated by Congress to hear federal civil rights claims, yet the Third Circuit’s decision has barred First Choice from accessing that constitutional safeguard. By denying a federal forum, the lower courts undermine the division of state and federal authority that is central to the American system of government.
“As Americans look to the courts to defend their most basic rights, it is essential that federal protections are not hollow promises,” Nelson concluded. “The Constitution guarantees both free speech and federal judicial review, and we urge the Supreme Court to reaffirm those guarantees so that no organization is forced to surrender its rights before it can defend them.”