At Philanthropy Roundtable, we believe a thriving civil society depends on preserving the freedoms that empower Americans to give, associate and advocate privately. That’s why we recently submitted a comment letter to the Judicial Conference of the United States expressing our serious concerns about proposed changes to Rule 29 of the Federal Rules of Appellate Procedure that would significantly expand disclosure requirements for organizations filing amicus briefs. These amendments pose a serious threat to donor privacy and the constitutional freedoms that safeguard civil society.
By requiring organizations to disclose detailed information about their funding sources—including contributors who gave as little as $100 in the past 12 months—the proposed rules risk chilling First Amendment-protected activities and undermining the longstanding tradition of private giving and association in the United States.
Amicus briefs are an essential mechanism for individuals and organizations to share their perspectives and expertise with the judiciary. They have been utilized across the ideological spectrum to contribute to the fair and informed administration of justice. From progressive groups to conservative organizations, from industries to activists, amicus briefs enrich judicial decision-making by offering diverse viewpoints.
However, the proposed changes to Rule 29 threaten to diminish the utility and accessibility of this important tool. By imposing burdensome disclosure requirements, these amendments could deter participation in the judicial process, depriving courts of valuable insights that contribute to better-informed decisions.
The Supreme Court has long recognized the dangers posed by compelled disclosure to First Amendment freedoms. In NAACP v. Alabama (1958), the Court ruled that forcing the NAACP to disclose its membership lists violated the First Amendment, as it exposed members to potential harassment, economic reprisals and violence. Similarly, in Americans for Prosperity Foundation v. Bonta (2021), the Court reaffirmed that disclosure requirements must satisfy “exacting scrutiny”—demonstrating a “substantial relation” to a compelling governmental interest while avoiding unnecessary infringement on associational freedoms. Simply stated: the Courts have held the position that donor privacy must be protected.
The proposed amendments to Rule 29 fail to meet this high standard. Requiring organizations to disclose detailed information about their funding sources—particularly the provision mandating disclosure of contributors giving as little as $100—is not narrowly tailored and poses significant risks. In today’s polarized climate, individuals and organizations are increasingly vulnerable to social, economic or political retaliation for supporting causes that may be deemed controversial. These disclosure requirements could deter participation in advocacy and giving, chilling the very freedoms that fuel our vibrant civil society.
The ability to give and associate privately has been a cornerstone of American civil society. Throughout history, anonymity has been essential for protecting individuals from persecution and enabling them to support causes aligned with their values. From the abolitionist movement to women’s suffrage and the civil rights movement, privacy has safeguarded supporters of transformative social movements from undue harm. Today, these protections are no less critical. Compelled disclosure threatens to undermine the diversity and vibrancy of our nonprofit sector, deterring individuals from supporting charitable organizations out of fear of reprisal. This could weaken civil society at a time when it is needed most.
Philanthropy Roundtable remains committed to defending the freedoms that sustain our nation’s vibrant civil society. We have urged the Judicial Conference’s Committee on Rules of Practice and Procedure to withdraw the proposed amendments to Rule 29, saying these changes would erode First Amendment protections, discourage participation in civic activities and undermine the essential role of amicus briefs in our judicial system.
The vitality of our civil society depends on preserving the freedoms that allow individuals and organizations to engage in advocacy, association and giving without undue government interference. We stand ready to assist the committee in identifying alternative approaches that uphold these values and strengthen civil society.
Philanthropy Roundtable is dedicated to protecting the rights of Americans to give and associate freely. To stay updated on our efforts to defend these fundamental freedoms, subscribe to our newsletter and explore our resources on protecting civil society. Together, we can ensure the principles of privacy, freedom and association remain at the heart of American life.
