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Supreme Court Revives Donor-Privacy Challenge to New Jersey Subpoena

The ruling recognizes a present First Amendment injury from forced donor disclosure.

Overview

  • The Supreme Court’s 9–0 decision on Wednesday restored First Choice’s federal lawsuit over New Jersey’s donor-identity subpoena.
  • The Court held that forcing a nonprofit to reveal its donors can chill speech and association, which counts as a present First Amendment harm.
  • The justices remanded the case for further proceedings, so New Jersey can still try to prove consumer-protection violations in court.
  • New Jersey’s probe began after a 2023 consumer alert that said crisis pregnancy centers do not provide abortions and may mislead patients about the procedure.
  • The ruling lets nonprofits seek swift federal review of state subpoenas, a shift praised by civil-liberties groups and described as narrow by reproductive-rights advocates.