A conservative nonprofit is challenging Delaware’s requirement that political groups publicly identify their donors, arguing the 12-year-old state law violates the First Amendment’s protection of anonymous political speech.
The Americans for Prosperity Foundation asked a three-judge panel of the U.S. Court of Appeals for the 3rd Circuit on Monday to block Delaware from enforcing a law that forces nonprofit groups to disclose the names of donors who gave at least $100 over the past four years—if the group spends more than $500 on political campaigning before an election.
A federal district court already rejected AFPF’s request to halt the law. Now the organization wants the appeals court to reverse that decision.
Supreme Court Trend Favors Donor Privacy
“Two federal circuits have already noticed that the Supreme Court, in recent cases, has strengthened the First Amendment’s protections for donor privacy,” Allen Dickerson, a lawyer for AFPF, told the panel. “This court should join the 1st and 10th Circuits in requiring governments, when they request donor information, to show that their demand is narrowly tailored to an appropriate interest.”
Under that legal standard, Dickerson argued, Delaware has no chance of defending its disclosure requirements.
The case arrives as multiple donor disclosure laws face fresh constitutional scrutiny nationwide. Recent Supreme Court decisions have raised the bar for states seeking to compel nonprofits to reveal their financial supporters, particularly when those supporters face potential harassment or retaliation for backing controversial causes.
Judges Question Urgency of Relief
The three-judge panel appeared skeptical of AFPF’s demand for immediate action. They questioned why the law, which has been on Delaware’s books since 2012, suddenly requires emergency intervention through a preliminary injunction.
The timing question goes to whether AFPF faces irreparable harm if the law remains in force while the case proceeds. Courts typically require a showing of imminent, irreversible damage to justify halting a law before final judgment.
The case hinges on competing values: the public’s interest in knowing who funds political messaging versus individuals’ right to support causes without fear of exposure. Delaware will argue its modest $500 spending threshold and $100 donor floor serve legitimate government interests in election transparency. AFPF contends those thresholds sweep too broadly and chill constitutionally protected political activity.
The 3rd Circuit’s decision could affect disclosure laws across Pennsylvania, New Jersey, Delaware, and the Virgin Islands—states under its jurisdiction.
Key Points
- Americans for Prosperity Foundation challenges Delaware law requiring nonprofits to disclose donors who gave $100+ if the group spends $500+ on campaigns
- Federal appeals court judges questioned why the 12-year-old law needs immediate emergency relief
- Recent Supreme Court rulings have strengthened donor privacy protections, with two other federal circuits already tightening disclosure requirements
https://www.washingtonexaminer.com/news/justice/4681464/conservative-group-appeals-court-delaware-campaign-donor-disclosure-law/ – August 10, 2026
