The Second Circuit, in Citizens United et al. v. Eric T. Schneiderman, partially affirming a district court, held that a New York state requirement that registered charities disclose donor information does not violate the First Amendment and is not preempted by federal tax law. The Second Circuit found that the requirement does not impermissibly chill speech or act as a prior restraint on donation solicitation. The circuit court reversed the lower court’s holding that the organization’s due process claims were not ripe and remanded to the court for dismissal for failure to state a claim.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.